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HomeMy WebLinkAbout2004-06-02 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 2, 2004 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS/INTRODUCTION a. Annual Review of Investment Policy and Presentation by Nancy Jones b. Presentation by Ukiah Grows the Arts c. Introduction of Public Services Worker Jimmy Lozano 4. APPROVAL OF MINUTES a. Regular Meeting of April 21,2004 b. Regular Meeting of May 5, 2004 c. Regular Meeting of May 19, 2004 Si g RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City's Boards and Agencies may be judicially challenged. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report to the City Council Regarding Acquisition of Services from City of Light Sound and Recording for Sound Management of the 2004 Sundays in the Park Concert Series in the Amount of $6,000 b. Report to City Council Regarding Purchase of 12 Inch Automatic Check Valve From Bermad in the Amount of $8,075.58 c. Report of Acquisition of Replacement Computer Equipment from Dell Marketing, L.P. in the Amount of $8,676.90 d. Award of Bid for Sewer Main Lining to J. F. Pacific Liners, Inc. for the Sum of $79,509 e. Authorization to Execute Amendment No. 1 to the Agreement with Omni- Means, Ltd. In an Amount Not to Exceed $23,288 for Traffic Circulation Study Phase 2 (Signalization Impact Study) and Approval of Budget Amendment in the Amount of $23,288 f. Adoption of Resolution Establishing Prohibition on Parking Vehicles Six Feet Or More in Height at 1282 South State Street Pursuant to Ukiah City Code Section 7154.5 g. Authorization for Fire Chief to Execute Automatic External Defibrillators Grant Contract h. Notification to Council Regarding the Award of Bid for 5,000 Feet of 500 MCM Aluminum, 600V, Single Conductor Cable to Lake County Electric in the Amount of $6,864.00 i. Rejection of Bid for Well Services to Evaluate An Abandoned Well Located on the City of Ukiah Municipal Golf Course j. Approval of Expenditures in the Amount of $10,000 for Legal Services Related to the City's Water Right Amendment k. Award of Bid to Wildcat Supply Company in the Amount of $45,941.07 for the Purchase of Department Firearms I. Award of Bid to FATS Training Inc. in the Amount of $84,579 for the Purchase of Department Firearms Training Simulator 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. aw UNFINISHED BUSINESS a. Approval of Lease by the City of Ukiah with Northern California Railroad Authority in the Amount of $300 Per Month For a Portion of the Ukiah Railroad Depot Property, Assessor's Parcel 002-232-12 b. Discussion and Possible Direction Regarding a Public Safety Sales Tax Ballot Ordinance for the November Election c. Status Report Concerning Revised Draft Sign Ordinance d. Adoption of Ordinance Amending Ukiah City Code Section 1151 and 1152 Governing the Appointment and Term of Office for Members of the City Planning Commission 1 NEW BUSINESS a. Approval of Mendocino Solid Waste Management Authority (MSWMA) Budget b. Discussion and Possible Action Regarding Hopland Bypass Funding- Vice- Mayor Baldwin 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK REPORTS 12. CLOSED SESSION a. Government Code §54956.8 - Conference with Real Property Ne.qotiator Property: Assessor's Parcel No. 002-232-12 (Depot Property) Owner: North Coast Railroad Authority Negotiator: Candace Horsley Under Negotiation: Price and Terms of Payment 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. AGENDA REVISED SUMMARY REPORT ItEM NO. DATE: June 2, 2004 SUBJECT: AWARD OF BID TO EMERGENCY EQUIPMENT ENGINEERING IN THE AMOUN ~ OF $45,208.02 FOR THE PURCHASE OF DEPARTMENT FIREARMS An error was made in the calculations of thb bids for firearms reported in the original staff report submitted for City Council consideration. In actuality Emergency Equipment Engineering was $733.05 less than Wildcat Supply Company. Staff is thus recommending the bid be awarded to Emergency Equipment Engineering. RECOMMENDED ACTION: Award Bid To Emergency Equipment Engineering In The Amount Of $45,208.02 From Account 205.2001.800.000. ALTERNATIVE COUNCIL POLICY OPTION: Reject bids and provide staff with alternative action. Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey, Police Captain t.~ Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: None APPROVED: ~ty Manager · ll iab ire epartment IM IoN STA K4 I The mission of the Ukiah Fire Department is the protection of life and property from fire and other natural and man-made disasters. In fulfilling this mission, the following services are provided: FIRE PREVE~ION · Programs that include the implementation and enforcement of fire and life safety regulations and laws. PUBLIC EDUCATION AND INFORMATION Programs designed to prepare the citizens of the Uldah Valley to better prevent and mitigate emergency incidents. DISASTER PREPAREDNESS Maintenance and coordination of the cities disaster preparedness program. EMERGENCY RESPONSE To mitigate fire or explosion, medical emergencies, rescue, hazardous materials spills and other disasters. EMERGENCY SCENE INVESTIGATION To determine caUses and origin of-fire and incidents such as explosions and hazardous materials incidents. pUBLIC ASSISTANCE Respond to requests for service from the public when those services are not otherwise assigned to other public agencies. The department, as a cohesive organization, strives to provide theses services in a well-planned, cost-effective and professional manner through the best utilization of the equipment, facilities and training provided us by the citizens of the Ukiah Valley. City'of Ukiah Fire Department Established 1'876 ISO Class 3 Fire Department City of Ukiah Assessed Valuation $831,902,000.00 Fire Department 2004 Budget $2,000,000.00 · Hazardous Materials What We Do Mitigation · Technical Rescue · Fire Suppression · ~ Space · Structure · Trench · Vegelalion · Water · Vehicle · High & Low Angle · Provide Emergency · Miscellaneous Medical Service · Public Education · Advanced Life Support · Fire Prevention Ambulances · Vehicle and Station · Motor Vehicle Maintenance Accident Response · EMT Internships 2003 Call Volume Total of 2,346 calls for service · Total Fires 79 or 3% · Medical and rescue 1582 or67% · Other Calls 523 or 30% ISO Ratings · Insurance Services Office · Rating is based on · Number of Personnel, Apparatus, Water Supply, Training etc. · I is best 10 is worst · City of Ukiah is Rated class 3 as of right now ISO Ratings · ISO Recommends a minimum 1 Ladder Truck if the~C'ity has buildings over 18000 sq/ft and or 3 stories or greater. · Cily of Uldah =22 · auitding over 18,000 Square fee~ · 31 Apparatus "Rolling Stock" · Recommended replacement · Fire Engines · 10 years front line, 5 years reserve status · Ladder Trucks · 15 Years front line, 5 years reserve status · Ambulances · 5 years front line, 3 years reserve status · Staff Vehicles · 5 years front line, 5 years motor pool Apparatus "Rolling Stock" · City of Ukiah · Fire Engines · 6584- 10 years old (Move to Reserve status) =6581- 16 Years old (Replace) · 6582- 27 Years old (Replace) · Fire Truck · 6551- 21 Years old (Replace) · Pick-up style "Brush Engines" · 6547- 5 Years old (Front Line Status) · 6560- 15 Years old (Replace with Type 3) Apparatus "Rolling Stock" · Ambulances · 6520- 4 Years old · 6524- 8 Years old · 6521- 11 Years old (Front Line Status) (Move to Reserve Status) (Replace) · Staff Vehicles · 6500- 5 Years old · 6503- 10 years old (Front Line Status) (Move to Motor Pool) General Equipment Expected Life Span Expected Ufe Spa~ · F'~e Hose 10 years · Jews ~ Life 10 yearn · Parame(~ Equ~. 6 yearn · Personnel Protective Equip. 5 · Self ~ Breathing Uk~ah F'~ Dep[ Average Age · 66% past recommended life span · I of 2Se~needsmptacement · No replacement now, due in 2 · Most equipment due to be · ALL SCBA's need to be replacedl General Equipment Expected Life Span Expected Life Spa~ Uldah Fire Dept. Stares · Porlable~orsl0years · 3overduef~r_rre~j~c___efner~,onedue · ~Monitors5yeam · Due for mplaceme~ · PodableRadk3slOyeam · 25%needreplacemenl,~~ 5 years · Mobile Radios l0 years · Ail due fer replacement · Rescue Nr Bags l0 years · Overdue fa' replacement · Chain Saws lO Yeam · 3-5 Years old ! Structure Fire Response! Necessary Personnel/Equipment ! · Moderate Risk · Incident Commander ..... · 540 Square Feet · Safety Officer · 360 GPM Capable · 2 Fire Engines with · Room and Contents 3 Personm~ each · Typical 95% · · · FImJl~ R~ T~m ~R~) · I Fire Truck (Ladders) · 4 Pm~:mnel · Total of 12 persons · Daily staffing 4-5 VEGATATION FIRE RESPONSE Little to no wind! No Structures Threatened! Necessary Personnel/Equipment &a c~vof3 VEGATATION FIRE RESPONSE Windy/Hot Conditions Structures Threatened! Necessary Personnel/Equipment ! VEGATATION FIRE RESPONSE Windy/Hot Conditions Structures Threatened! .... Necessary Personnel/Equipment Emergency Medical Response Personnel/Equipment Requirements 'Routine Calls' CPR Necessary · 2 Paramedics · At least 2 additional · Evalualion & Treatment EMT's needed! · Imeding Ms Etc · Giving medications · Engine Crew is available when Pt transport is · 2 Add~ Personnel be~urr. -Assistance · To~al Pemonnel 4 · Total Personnel 6 Hazardous Materials Response Personnel/Equipment Requirements · Incident Commander · 2 Person Minimum for Decontamination of · Safety Officer victims, personnel, and · OSHA Mm~.4~l ~ · 2 Person Entry Team · I Hazardous Materials Technician/Specialist · 2 Person Back-up Team · Hazma Categorizing Total 9 personnel Motor Vehicle Accident Response Personnel/Equipment Requirements Incident*Commander ..... · I Ambulance for each 2 Patients · I Fire Engine · 3 Firef~ per engine · Total Personnel Depends on ti of Patients Motor Vehicle Accident Response Personnel/Equipment Requirements · Fuel and other Hazard control needed · i.e. Fire · Patient Extrication · Jaws of life Add one three person Engine Company Technical Rescue Response Personnel/Equipment Requirements · Re~. m..~m~M ~ e~. 3 Permmt Rope Himl Team · Tr~lmem,Mm=. · Total9Pemonnel ifno~n ts needed TODAY · Current Staffi~j.iev. eL _ · 1 Duty Chief · 4 Firefighters Minimum · 5 Firefighters Maximum · Augmented by Shift recall and Volunteer forces Deficiencies · Today and future · Vehicle replacement program · Equipment replacement program · Adequate training funds · Starring · Facilities Vehicles · Today: 1.5Million in replacement right away · 2005 Replace Ambulance 6524 and 6520 · Move 6520 to reserve · 2009 Replace Engine 6584 · Need to develop and fund a replacement schedule Equipment $214,700.00 needs to be replaced at this due to life expectancy. · Need to begin equipment replacement fund of a minimum of $50,000.00 per year. · These figures do not include replacement of hose and breathing apparatus. Estimated to increase replacement program by approximately $50,000.00 per year. Training · Current training program is funded at $600.00 per member per year. · Approximate cost to provide · OSHA compliant · EMT/Pammedic Continuing Education ' · Firefighter technical training · Fire Officer development ),Approximately $2,000.00 per year per person Staffing · Today:. Need 3 paid staff to net one per shift Results 3 person engine company · 3-5 Yrs: 9 additional paid staff would result in the ability to staff ladder truck for fire response or 2~ ambulance during peak call volume Staffing · 5-7 Yrs: Add 3 paid staff to cover.fo£ vacation and sick relief, this will give us reduced overtime expenses · 7-10 Yrs: Add 6 Paid personnel to staff2~ ambulance full time to compensate for increased call volume. Facilities · Current facilities are inadequate support to · Number of required apparatus · Current staffing numbers · Training programs (Neighbor complaints) · Administrative support · No room for growth Conclusion · If the Ukiah F.D. is to continue to provide a high level of service to the citizens and visitors to the city we must increase funding. 10 City of Ukiah ice Department The Depa 's Needs Additional funding is needed for equipment replacement program. The Police Department desperately need~ additional officers. ~Department I Organization., hart Chief of Police LOpera~ tions L Detectives -SRO -Task Force Community Policing Team fPatrol Team Patrol Team Patrol Team Patrol Team Traffic Enforcement LAdmin fTrainir Records Dispatch Mechanic 30 25 20 15 10 5 0 Depa Staffing · Detecti [] COPS Ofc · School Reso~ Ofc. 2003 2002 2001 2000 1999 1989 1979 1969 Sworn Officer Strength - 2003 to 1969 Calls for e Service 30000 25000 20000 15000 10000 5000 0 2003 2002 2001 2000 1999 1989 1979 1969 In 2003, UPD patrol officers averaged 59 calls for police services per day, or 2.5 calls for assistance per hour. In 2004, calls have risen to 70 per day, or 3 calls for assistance per hour. omparison 30000 25000 20000 15000 10000 5000 0 2003 2002 2001 2000 1999 1989 1979 Calls for Service and Sworn Officer Staffing Level Patrol ision Patrol is divided into 4 teams. Patrol teams work 12-hour shifts. One sergeant and two officers are assigned to each team. The Patrol Officers provide immediate police services within the community. Calls for - Criminal [] Assualts with [] Drugs 2003 2002 2001 2000 1999 · Firearms Weapons [] Sexual Assu · Domestic Viol Calls for - Accidents 450- 400- 350 300 250 200 150- 100- 50- 0 2003 2002 2001 2000 1999 · DUI · Collisions Prop. [] Collisions Crime rts Taken 4400' 4200' 4000 3800 3600* 3400' 3200 2003 2002 2001 2000 1999 In 2003, UPD averaged l 1.7 crime reports per day. In 2004, crime reports have increased to 12 per day. In 2000, streamlined reporting procedures to increase patrol time Crimi rrests 1600 1400 1200 1000 800 600 · Felony 400 200 0 2003 2002 2001 2000 1999 In 2003 UPD arrested 2,010 people for criminal acts, an average of 5.5 arrests per day. Felony arrests has risen 25% this last five year period. (DUI arrests doubled from 2002) ny Arrest Crime T ~ds 180 160 140 120 100 80 60 40 20 0 ;ide ~ Felony Weapon · Burglary · Drugs 2003 2002 2001 2000 1999 *Actual Felony Arrest Numbers Service mands '°°~! , _ . , 1 250~ 2003 2002 2001 2000 1999 [] Walmarl · Albertson,, [] Social Servi · Alex Thomas [] Perkins Street · Forest Club Patrol Activity The Average Officer: - Answers 1800 calls for service a year, - Writes 288 crime reports a year, - Makes 97 misdemeanor arrests a year - Makes 48 felony arrests a year, - And writes 127 traffic tickets a year. ivision The Detective Division is staffed by one sergeant and three officers. They are responsible for all major investigations from murders, sexual assaults, to property crimes. The detectives also assist patrol in investigating unsolved crimes. ion Activity 1800 1600. 1400- 1200- 1000- 800- 600- 400- 200- 0 2003 2002 2001 2000 1999 · Adult Ca · Total Detecl ivity The Average Detective - Investigates and coordinates 138 criminal investigations a year, - Liaisons with Community Groups, the District Attorney, and other law enforcement agencies, - And, coordinates Megan's Law- Sexual Assault Response Team Activities, Multi-Agency Gang Activities, Fraud Education Activities, and Domestic Violence Council Activities. School Officer One officer is currently assigned to work full-time at Ukiah High School and Pomolita Middle School. The School District currently provides 25% of the officer's salary. Ukiah High ,ool Activity 350' 30O 250 200 150 100 50 0 2003 2002 2001 2000 1999 * Activity during the 180 day school year [] Calls fc Service · Criminal Pomolil Act ddle School 160- 140- 120' 100 8O 6O 40 20' 0 2003 2002 2001 2000 1999 *Activity during the 180 day school year Service · Crime 10 Commu :ations Dispatch provides services for Police, Ambulance and Fire. Dispatch receives over 60,000 telephone calls per year, or an average of 7 calls per hour for Police and Fire assistance. Budget 1% 5%-~ kdown [] Pemonnel Costs ing Costs [] Equipme~ · Training [] Vehicle Maintenance 2003-04 Total Police Budget, $3,039,270 27 Sworn Officers, 3.5 Civilians Authorized 1 Officer & 1 Records Clerk currently vacant 11 Exis! uipment General nd Vehicles - 6 Patrol, 1 SRO, 1 COPS 2003 (44,000) 2001 (61,000) 1998 (112,000) 1998 (111,000) New Engine Ne, 1996 (84,000) 1995 (140,000) 1994 (126,000) 2001 Being Replaced *Light bars, Vehicle radios and other equipment purchased in most is no longer supported by manufacturers. * Currently it costs $45,000 to purchase and equip a patrol car. The City budgeted $25,000 in FY 03-04 for these purchases. Protective Vests - every vest issued is over 5 years old, (past serviceable life), recently used surplus funding to replace 8 vests. Exi Purchased W Vehicles 2001 Admin Vehicle (44,000) 2001 Detective (45,ooo) 2001 Detective (40,000) 2001 Detective (45,000) 2000 Detective (40,000) 1999 Detective (44,000) 1998 Admin Vehicle (41,ooo) 1996 Detective (7o,ooo) 1995 Admin Vehicle (50,ooo) 1992 Admin Vehicle (90,000) quipment rant Funds Radio S Dispatch Computer Computer Work Critical Incident Vehic (1985 Vehicle donated) Armored Truck (1991 ve~ donated) Mobile Video Units for vehicles Office Equipment Underway - Officer Firearms - Firearms Training System 12 Costs In 1994, 114 people applied for a [ officer. a UPD ~ In 2004, 33 people applied for a position as a tcer. ~ To become an officer: - Pass Peace Officer Background Investigation - Complete 20 week Academy - Complete 16 week Field Training Program - Complete a year probationary period To train each applicant, the City of Ukiah spends approximately $50,000 dollars. S ,ry Additional funding is needed for replacement program. ipment Future grant funding is problematic. & The General Fund does not have the res~ needed to equip the department in the future 13 Su ry The Police Department additional officers. ~'ds Calls for Police Service have increased significantly in our community. & Violent Crimes have risen significantly within our community. 14 AGENDA REVISED SUMMARY REPORT ITEM NO. DATE: June 2, 2004 SUBJECT: AWARD OF BID TO EMERGENCY EQUIPMENT ENGINEERING IN THE AMOUNT OF $45,208.02 FOR THE PURCHASE OF DEPARTMENT FIREARMS An error was made in the calculations of the bids for firearms reported in the original staff report submitted for City Council consideration. In actuality Emergency Equipment Engineering was $733.05 less than Wildcat Supply Company. Staff is thus recommending the bid be awarded to Emergency Equipment Engineering. RECOMMENDED ACTION: Award Bid To Emergency Equipment Engineering In The Amount Of $45,208.02 From Account 205.2001.800.000. ALTERNATIVE COUNCIL POLICY OPTION: Reject bids and provide staff with alternative action. Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey, Police Captain cC> Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: None APPROVED: Candace Horsley,ty Manager AGENDA ITEM NO: MEETING DATE: June 2, 2004 SUMMARY REPORT SUBJECT: ANNUAL REVIEW OF INVESTMENT POLICY AND PRESENTATION BY NANCY JONES Nancy Jones, representative of Public Financial Management, the City's consultant for investment decisions, will be presenting her annual update on the City's investment portfolio. Attached for Council's review is the investment performance report for the first quarter, ended March 31, 2004. RECOMMENDED ACTION: Receive presentation. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with' Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager N/A 1. First Quarter Investment Performance Report Approved: ' ~"~._~/ ! . ~ Candace Horsley, City M er 4:CAN/ASR.Present,PFM.060204 0 0 0 E -- ~.. ,4--, 8o ~,-E~ .~ · 0 · ~., -,.-, (.) 0 ~c~-~ 0 0 0 o~ o ~o ~o ,~ o~ o o cz) 0 0 O. 0 0 LU 8 x 8 u,ln~,el:l uJn~,e~ ~: E -- - o ~ '~ ~ .E ~ ~ ~ E ~ '~ ~ '- ~ ~ -- Z d o o i.~ o o o o o o o o o .,_. ~ od 03 ,q'- ~_. .,_ 03 ¢'d Od 0 ~ m o o o o o ~ ~ c~ ~ cu 1~3 o o o o o i.~ co ~ co (x) (33 o o o o o 03 I'..-co ~'- I',..~ ~ ~ ~ ~ o ~- (.0 I',. E o rD <o~ 0 0 0 O. i o o >- >- >- >- 0 0 0 0 0 0 O!lOtl.iOd I~1O/to o§~luoo, iOd E ._ -- -- E 'ID ._ t-- t'- 'ID San Francisco International Airport Plan of Finance Issue 30, Issue 31, and PFC Cash Defeasance May 7, 2004 Public Financial Management 50 California Street Suite 2300 San Francisco, CA 94111 415-982-5544 415-982-4513 fax www.pfm.com Table of Contents SFO Issue 30, Issue 31 and PFC Cash Defeaseance Post-Pricing/Plan of Finance Description Post Pricing Book Second Seres Revenue Refunding Bonds, 2004 Issue 30 (_~ Issue 3 ! Issue 30 · Market Conditions I · Pricing/Yield Analysis II · Rating Agency Reports III · Market Commentary IV · Final Cash Flows V · Wire Instructions Memo VI Issue 31 · Market Conditions VII · Rating Agency Reports VIII · Market Commentary IX · Final Cash Flows X · Wire Instructions Memo XI Airport Debt Summary · Summary of Total Issued and Outstanding Debt · Total Debt Summary and Statistics · Bond Year Debt Service Schedules · Fiscal Year Debt Service Schedules · Summary of Issuance Graph · Pie Graph of Fixed and Variable Rate Debt Outstanding after Issue 31 · Graph of Outstanding Debt Service in Bond Years · Outstanding Debt Service by Tax Status · Graph of Callable Par by Year · Series Reports of Outstanding Debt 0 ~ 0 ("4 0 oo o o ~ ~ o~ ,~ o ~ ~ o o' o' ~ o' ~ o' m' ~,~' o~ 0 0 Z Z · < < ~ 0 ITEM NO. 3c DATE: June 2, 2004 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF PUBLIC SERVICES WORKER JIMMY LOZANO The Community Services Department is pleased to introduce our new Public Services Worker, Jimmy Lozano, to the City Council. Jimmy's primary job function is animal control, but he also assists the Parks Division with maintenance and project development. Jimmy was born and raised in Ukiah. Over the past 18 years, he has been employed as a supervisor for the Department of Agriculture, a program manager for two local manufacturing companies, a warranty service technician, and a self employed landscaper. Jimmy recently completed the Humane Society Basic and Advance Law Enforcement Training Academies and the Certified Playground Safety Inspector exam. Jimmy has been married to his wife, Kristen, for 6¼ years. He has one son, Nicholas and is expecting a second child in July. His wife is employed with the Mendocino County Superior Court and his son will be entering the 1st grade in the fall at Oak Manor Elementary School. When not at work, he enjoys many hobbies with his friends and family including swimming, camping, and fishing. In addition, he enjoys working on various construction and landscape projects for himself and friends. Pleased join us in welcoming Jimmy Lozano to our Staff. RECOMMENDED ACTION: Join Staff in welcoming Jimmy Lozano to the City of Ukiah team. ALTERNATIVE COUNCIL POLICY OPTIONS' N/A Citizen Advised: Requested by: Prepared by: Coordinated with' Attachments: N/A Candace Horsley, City Manager Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and Larry W. DeKnoblough, Community Services Director None A P P ROVE D :~~_.,: ¢~"~':"~'~~ Candace Horsley, City ager MINUTES OF THE UKIAH CITY COUNCIL 4a ADJOURNED REGULAR MEETING WEDNESDAY, APRIL 21,2004 The Ukiah City Council met at a Regular Meeting on April 21,2004, the notice for which had been legally noticed and posted, at 4:00 p.m. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Smith, Baldwin (arrived at 4:12 p.m.), and Mayor Larson. Staff present: Community Services Director DeKnoblough, Police Administrative Captain Dewey, Finance Director Elton, Risk Manager/Budget Officer Harris, City Manager Horsley, Police Officer John= Interim Public Utility Director Kennedy, Fire Chief Latipow, City Attorney Rappor Officer Stark, Public Works Director/City Engineer Steele, Police Chief Wil and Deputy City Clerk Ulvila. PRE-BUDGET Wl OP City Manager Horsley advised that the put and staff an opportunity to discuss varic 2004-05 budget and for the Council to provi~ the draft budget, which will be presented to th( Public Safety Departments met centralization of dispatch services. vacant positions, and recommendei and Community Development, Fire, services. She also dis( ol Staff Report to oted ! suggestions for Fund c saving ons for and is on to di n the City this workshop is t the Council the year g the de ,Iopment of June. She advised that the towards hiring a consultant for the estimated budget deficit, rnunity Services, Planning other miscellaneous that are presented in her ,Ioyees have also submitted Jim Maston, serve" and problem City's abili' the City's motto is "We are here to employees off creates a moral serve the community. Di~ ~er, Ukiah, inde ntly with appropr ;I. r6 to look at the Fire and Police Departments services they provide and to fund them to an Ukiah Polic~ irce Officer Glenn Stark discussed the sales tax measure that was on the ballot (Measure G) and strongly recommended that the City not consider any to the Police Department staffing because it would reduce the amount of time Police could provide service to the community. He continued to discuss the duties of the officers and crimes in the City. Ukiah Police Officer Johnson, President of the Ukiah Police Officers Association, discussed the increased work load of the Police Department and that a fair amount of danger to the officers is associated with the job. Jerilyn Harris, Executive Director of the Employers Council of Mendocino County, stated that the Employers Council was opposed to the way ballot Measure G was written. A letter detailing this position was submitted. Regular City Council Meeting April 21,2004 Page 1 of 13 Councilmember Smith recommended that Ms. Harris' recommendation be discussed later in the agenda and he would recommend a committee be formed to work on the language for a sales tax increase ballot measure for the November 2004 election. Councilmember Andersen explained that he is not interested in reductions to the Police and Fire Departments. He inquired as to the balance in Reserve Fund #699 and made the recommendation that some of those funds be utilized for the Police and Fire Departments. He opposed closing the City's pool. Finance Director Elton stated that according to Gen, highly recommended that Fund #699 not be de emergency or it may be difficult to replenish if u,, up a special fund would violate General Accoun issue a financial statement, and the City's accounting of the fund. He further discuss~ funds. g Principals, he may be needed in an noted that setting Idn't be able to would not b~ to certify the impact of reducing reserve Councilmember Andersen inquired if the City the expense for public safety this then rep~ nsfer Reserve Funds to cover this year and next year. Finance Director Elton explained ti City's reserve fund and it wouldn't re( of whether to defer the n~ )OSS ~owever, it would lower the that it is a question Tape lb Councilmeml not deplete its res~ in was of opinion the City needs to pay its debts now and Council Nove~ in serv~ discu~ 'olice and any de possibility then for ol his for placing a sales tax measure on the purposes. He recommended there not be further cuts ,nt's budgets and he opposed a reduction in City able to review the salaries for each position. He g the salaries for management by a percentage and John Murphy Police and Fire those services are ce officer and retired fire captain, was of the opinion that services are the most important services for the City. Once up to speed, then other City facilities could reopen. Sue Thornhill, Vice President of Ukiah Youth Cheerleading and Football Program and an Ukiah resident, explained that there are a number of youth sports in the community that help the Police Department by keeping kids off the street and out of trouble. Councilmember Rodin was opposed to spending reserves because the fund will eventually be depleted. She recommended the Council consider putting an increase sales tax measure on the November ballot and the community needs to acknowledge Regular City Council Meeting April 21,2004 Page 2 of 13 and realize the increased sales tax would go toward maintaining the public safety services in the City. Councilmember Andersen recommended the City consider early retirement plans and revisit personnel hiring procedures for recent years. It was his opinion that the Code Enforcement Officer and Traffic Enforcement Officer positions are revenue generating positions. Monte Hill, resident of Ukiah and member of the Committee, inquired if a budgeted amount is going into inquired about the amount due to PERS. Oversight fund. He also Tom Maston, President of the Pony Colt League, inquired as to the amount of money needed stadium. maintena~ Anton Stadium and repairs of the John Moon, Ukiah, stated he is an adv~ the M~ continue to maintain it. He recommended th( more revenue into the current budget in order tc the community, at least until N~ hen it will tax is approved by the voters. ~m and felt should alternatives bringing in the current level of service to ined if an increase in sales Tape 2a Jim Wattenburger, downtown area, su tax measure for th~ lishing mittee t owner in Ukiah's on language for a sales City Manager inquired of as of sponsorship of City activities and ~r. is to the Iection, a speedi~ streets. ,ed that he is not supportive of cuts to the Museum as it the history of the community. He supported more officer, and the need to increase citations for as a need to obtain a funding source for those items. Mayor Larsi they are criti~ community suppo that the Sun House closure of Anton Stadium and the pool and noted !ommunity. If the City could generate sponsorship and services, it could continue those services. He also noted may be able to assist with additional funding for the Museum. Councilmember Smith voiced his support of sponsorship for Community Services activities. Councilmember Baldwin opposed corporate sponsorship for public activities if the name was attached to the facility. Councilmember Rodin recommended Staff conduct more research into the "other options for consideration" listed on page 5 of the City Manager's Report to Council. Regular City Council Meeting April 21,2004 Page 3 of 13 Councilmember Andersen requested an assessment of City owned property located on Helen Avenue. He stated he is interested in some of the suggestions provided by City employees. Councilmember Baldwin, Andersen, and Smith were opposed to closing City parks, the pool and Anton Stadium. It was the consensus of Council for Staff to pursue s and the pool. for Anton Stadium Adjourned: 6:00 p.m. Reconvened: 6:30 p.m. 2. PLEDGE OF ALLEGIANCE Joy Beeler led the Pledge of Allegiance. 3. PROCLAMATIONS/PRESENTATION 3a. Proclamation: National Food Drive D~ Mayor Larson read the Procl; Association of Letter Carriers) Nat Drive to take part by placing a food don~ letter carrier can pick it up and - 200'!. 8, 2004 as NALC (National Ukiah and urged all citizens Saturday, May 8 so their Katherine Graham on beha the Ukiah Food Bank. 3. PRe 3b. Proclamati~ Mayor La and withir ~ nt to INTRODUCTION 200~. ng April 25, 2004 as ukiaHaiku Festival icipate in the planned festivities scheduled DorJ~ lerson acce. invited to the ul ~n and discussed the essence of Haiku and iaiku Festival. Linda Noel Laureate. She for appointing her the City of Ukiah's newest Poet Larson with a book titled "The Dirt is Red". 3. .PROI 5/PRESENTATIONS/INTRODUCTION 3c. Presentations: Individual Councilmembers Read Selected Poems (Councilmembers Smith and Baldwin~ and Mayor Larson) Mayor Larson, Councilmember Smith, and Vice-Mayor Baldwin read poems. 3. PROCLAMATIONS/PRESENTATIONS/INTRODUCTION 3d. Presentation by Ukiah Main Street Program Re.qardin_~ Downtown Revitalization Activities on Behalf of the City of Ukiah and the Ukiah Redevelopment A.qencv Joy Beeler, of the Ukiah Main Street Program, she read a poem. Regular City Council Meeting April 21,2004 Page 4 of 13 Rick Hanson, President of Main Street Program, discussed the National Main Street Program and explained what it means. Jim Wattenburger, member of the Main Street Program, discussed the performance standards instilled by the City's contract with the Main Street Program and discussed activities they sponsor, last year's accomplishments for the program in volunteer activities, sponsorships, fund raising events, membership fees, and workshops. He noted their partnership with the City has been very successful. City Manager Horsley explained that the Ukiah G meeting with the City and County and is looking t activities. ~rts group is going to be in more community 3. PROCLAMATIONS/PRESENTATION', 3e. Introduction of Public Works Su Public Works Director/City Engineer St Public Works Maintenance II worker in the :ODUCTION introdu~ t. the new Public Works Maintenance II and he is looking forward to the ch. WI ~r, stated it's a challenging job 4. APPROVAL OF MINUTES 4a. Bud~et Hearim Mayor Larson note~ second ~ Id rea( increased to a position to second last paragraph, and that the that the assistant's hours be M/S Ande 2003, Rodi~ ersen, AB~ None. the Budget Hearings of June 23-24, the folio ~g roll call vote: AYES: Councilmembers , and Mayor Larson. NOES: None. ABSTAIN: None. 5. RIG APPEAL Mayor the a process. 6. CONSENT M/S Rodin/Smith ving item "a" through "d" of the Consent Calendar as follows: a. Approved Disbur~ 9nts For Month Of March 2004; b. Approved Sole Source Procurement From Air Exchange, Inc. to Extend and Upgrade the Current OSHA Mandated Apparatus Bay Exhaust System in the Amount of $32,764.28 and Approval of Budget Amendment; c. Approved Contract with Sterling Codifiers; d. Approved Lease with Nuestra Casa for Community Garden Site. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Regular City Council Meeting April 21,2004 Page 5 of 13 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mike Deckered, Ukiah, discussed why he voted no on Measure G in the last election. Ana Araiza, Ukiah, discussed activities planned by Project Sanctuary for April which is Sexual Awareness Month. She stated that she would be supportive of Measure G if funds were allocated for a bilingual police officer position. Richard Johnson, stated he works for the Alliance for Human Rights and supports the City hiring a Mexican-American police officer. 8. PUBLIC HEARING 8a. Public Hearin.q Re.qardinQ Notification Enforcement Services Fund. Citizen's Grant in the Amount of 000 FY 0: 02/03 COPS and Discussion of Fun 2004) Police Chief Williams clarified the pur (COPS) Program and noted that these mon~ shall not supplant any existing funding for law entity. He explained that Staff is ending consistent with the Council apl fiscal year. They include: 1) Fur evidence room move; 2) Funding equ of force training pro! iher and 4) Emergency :ch as~ of al Law ,lic Sari Realloc; of Funds for FY ~cation from April 7, the Citi Option Safety ment existing services, and services provided by that for the funds, which are and Objectives for this space gained from the Department's application ral goals of the department; Public Hearing No public commen: Public He~ 7:16 Ta er R, prop~ remo~ viewed video cam~ computeri ' ' is e ~ntial. that she toured the Police facility and the area the need for surveillance equipment. She also booking room. She explained that video and Discussion foil, ard to the bid process for equipment and training and the cost to remodel ace gained from the evidence room's move. Police Chief Williams discussed Councilmembers the small percentage of time officers spend on traffic violations compared to responding to other safety considerations. He explained that their original proposal was to use the funds for one year to fund a traffic officer position and at that time, the Department had a functioning firearm range which they don't have now. Many Councilmembers were supportive of hiring a traffic enforcement officer with possible future funding. Councilmember Andersen requested that as the project moves forward, Council be kept informed of the costs involved. Regular City Council Meeting April 21,2004 Page 6 of 13 M/S Smith/Rodin authorizing Police Department spending plan for both Fiscal year 2002/03 and Fiscal Year 2003/04 grants; carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Mayor Larson advised that with the consensus of Council, there is a request to move item 10e next on the agenda. 10e. Discussion and Direction to Staff R, Mendocino County Inland Water and Power Mendocino County Water to Act as a U.S. Army Corps of Engineers Coyote Dam Roland Sanford, General Manager of the Mendo( Commission (IWPC), discussed his draft agre Engineers for the Coyote Dam Feasibility reported that the Mendocino County Wate reviewed the document and found it Agreement, once all parties are in agreemen finalized. They hope to have the document com begin by mid October. He the County Water Agency sharing one total c( sharing the other two-thirds was de have come forward and said that ti' Mendocino County IWP Between ,n and the for the with the provided in ~cy Board and id Water and Power Army Corps of Report. He have next step Project e the docum~ before it is mid summer so the study can haring split of the Mendocino id the members of the IWPC 'e three organizations that sole local sponsors; the Flood Control District, City Manager noted the changes which [nford will ew. Attorney has made some grammatical Mayor La docum~ sin~ was sh noted on page 5, subsection "b" of the uitable )n of the project benefits. He felt that a one-third/two-third share of costs, there should be o buy in. Mr. Sa appropriati at there is still considerable debate concerning if it is efine how share of benefits should be broken out. Mayor Larson buy in at an approi )pinion that the potential benefits and the legal opportunity to will be difficult to define. Mr. Sanford responded to an inquiry by Councilmember Baldwin as to the local share of the Feasibility Study by stating that if the Feasibility Study were to be executed as originally planned and all of the options were studied from the Reconnaissance Report, including the raising of the dam, it is estimated that it would cost $5 million to do the Study and the local sponsor's share would be $2.5 million. He confirmed that every year the Corps will need to get their appropriation and it will vary by year, in part depending on the scope of activities that are anticipated to occur that year and other budgetary factors. He noted that the President's budget has $200,000 set aside for the Regular City Council Meeting April 21,2004 Page 7 of 13 Coyote Dam Feasibility Study for this fiscal year. The local sponsor share would need to match the $200,000. Councilmember Baldwin inquired about the designation of the project manager and in- kind services and inquired if there is anything the project manager does, according to this agreement that would be considered in-kind services for the County Water Agency's share. Mr. Sanford responded affirmatively. In general, none of the in-kind services unless the participants agree that it is response to an inquiry by Councilmember Andersen, referring to fiscal year 2004-05 with regard to the City agrees, its commitment would be $33,000 in th local match. He also confirmed that the C~ budget to $66,000 in the coming fiscal year. manager's work is out of the ordinary. In ~ford explained that he is ~ confirmed that if the .r for its share of the ~ i.' committing in its Jerilyn Harris, representing the Mendo~ not only is there a buy-in, but there is a cumu for those living in Mendocino County. She residents. Council that results in a result d securing water for County Mayor Larson stated that in term~ language that guarantees the optic participatory commitml based on who is resentful if tool development of ect. out of any succe,, for the initi, U the Ivantac. could e, there has to be some percentage your project is going to be that project. He would be that on the City of Ukiah's money for the language allowing for reimbursement non-participants would get reimbursed make it a little more palatable and fair. It wa: il to convey its responses to the IWPC. 9. U ISHED BUSI 9a. Di,, of Possi N~ City Manag~ (Measure G) Council has aske; Public Safety Sales Tax Ballot Measure on the ised that the City's March public safety sales tax measure out of the necessary 67% of the votes necessary to pass. endize a discussion of whether to place a similar measure on the November 2004 ~t. She recommended Council review comments from the public as to why they did or did not vote for Measure G and determine what changes could be made to the ordinance to make the measure more acceptable to the community. She explained that a resolution requesting consolidation of the municipal election with the County election would need to be submitted to the County by July 19th in order to be considered by the Board of Supervisors at their August 3rd meeting. The possibility of a mail-in ballot" election was discussed and Council directed the City Clerk's office to contact the Mendocino County Elections Department for details. It was Regular City Council Meeting April 21,2004 Page 8 of 13 noted by the City Attorney that the City would be able to use this voting method if there are under 5,000 registered voters in the City of Ukiah. Jerilyn Harris, representing the Mendocino County Employers Council, suggested setting up a committee to include the public with regard to formulate language for this ballot measure. It was her opinion that the Employers Council would not have opposed Measure G if it had provided more information as to how the funds would be used. She suggested the sales tax increase be one quarter cent instead of a half cent. Councilmember Baldwin was of the opinion that a participate in the November election. He opposed the measure in March should not be part of ti new measure. ~umber of voters will that those that to draft language for a Tape 2a It was felt that the language of the mel Councilmembers were of the opinion that public needs to be educated as to why an in and the impact it will have on the public passed. It was determined that could be held at the Conference meeting, with special invitations community organizations. t~ staff shi ety is the key to its Lge. Some :risis situati ~d that the tax is this time whether it is or is not it public comment on the matter )repare a public notice of the nnel, administrators, and It was the consensu that tax incr( should be a half cent. Police Officer if the Council woul the City not ~on he woi hard on the last campaign and inquired go forward with the provision that then bring ~uncil to hold one session and invite the public to obtain nts back to the Council for consideration. Mayor voiced he was supported pC well as an expa ~pport increasing the number of police officers however, ;et clause, especially a short-term sunset clause. He or reviews of the sales tax as well as tighter restrictions as for the departments. Councilmember n voiced her opposition to a sunset clause because the City is embarking on many new expenses. She felt the language in Measure G was clear. Daniel de la Peza, Ukiah, voiced his support for Measure G and suggested that Council show the public the impacts of the measure's failure. It was the consensus of the Council to form a committee and review the language of the measure. Recessed at 8:50 p.m. Regular City Council Meeting April 21,2004 Page 9 of 13 Reconvened at 8:59 p.m. 9. UNFINISHED BUSINESS 9b. Discussion Regarding Candidate Interviews for City Commissions and Boards - Councilmember Rodin (Continued from April 7, 2004 meeting) Councilmember Rodin advised that she asked for a discussion regarding which commissions the City Council believes are appropriate to have candidate interviews. She thought interviewing applicants for all commissions may be fairer. She also wanted to discuss Councilmember Baldwin's previous proposal ;ach Councilmember appointing its own Planning Commissioner. Councilmember Baldwin discussed the recent Rosa to allow each Councilmember to appoint expiring with their own term. He felt it important be represented on the Commission. Counci City Council in Santa to a term perspectives Tape 2b Mayor Larson stated that he previously opinions of the City Council but now he thinks it ars reflect the have a diversity of opinion. Councilmember Andersen was Commission that share their own vi, that should want people on the Councilmember been made during be interviewed. see an ~ars. think a the appointments have 'ssion applicants need to M/S Baldwin/Rodi Councilm~ mai term wi1 ;ity Council. s~x weeks an Ordinance regarding City Commissioners for a concurrent M~ arried by tt and Baldw None. !NT: None call vote: AYES: Councilmembers Rodin, Andersen, ~mber Smith and Mayor Larson. ABSTAIN: 10. NEW 10b. Present eneration Proiects Utilizing Biomass and Bio_~as Fu Electrical Energy for the City of Ukiah Interim Public Utili s Director Kennedy advised that for Council's consideration are two prospective cogeneration projects that would be constructed and operated by COGENTECH and its contractual partners for the sole purpose of providing electrical energy to the City of Ukiah. The primary cogeneration project would utilize chips from wood waste (biomass) and produce six megawatts (MW) of power. The secondary cogeneration project would utilize methane gas (biogas) generated by the digesters at the City's Waste Water Treatment Plant (WWTP) to produce 300 kilowatts of power. Garrett Smith, President of COGENTECH and Director of Engineering for Agricultural Sustainable Energy Technologies, Inc. (ASET), stated that Biomass/Biogas would Regular City Council Meeting April 21,2004 Page 10 of 13 provide resource sustainability, reduce costs, have Iow pollution, provide long-term, high quality careers during and after construction, proactively manage agricultural and wood products waste disposal problems, stabilize electricity prices for the Ukiah community, provide Iow cost thermal energy to adjacent businesses, and provide optimum utilization of methane gas from the City's WWTP by providing all of the heat and power needed for the digesters. Tape 3a Discussion followed plants. relative to the operational procedures biomass and biogas Chris Brown, Mendocino County Air Quality standards and noted that if the threshold is However, the projects seem to be below that Cc discussed federal ger public hearings. M/S Andersen/Smith determining that contractual partners for the develo :1 cogeneration plants for the purpose of gE advantageous to the City of Ukiah, and aut appropriate Non Disclosure Agree[ and Lette gotiations with COi ECH and its of Bioma~ Biogas for the City Ukiah is City Manager to execute ntent. A brief discussion followed relative Attorney Rapport that the Letters agreement. of and it was noted by City to negotiate on an Motion carried Smith, Baldwin, call layor NOES: Councilmembers Rodin, Andersen, le. ABSTAIN: None. ABSENT: None 10. SlNE~ 10a. Water Co~ ~n Pn ram e Staff Report. M/S a for voluntary water conservation program. Tape 3b Motion s consent of Council. It was the conse from the first para! Council to remove the times (between 10 a.m. and 8 p.m.) under "Suggested Practices for the Homeowner". 10. NEW BUSINESS 10c. Discussion and Possible Action Regarding Request from County of Mendocino for Support of Federal Legislative Program Funding Requests City Manager Horsley advised that the City has received a letter from Hal Wagonet, Board of Supervisors Chairman, and seeking support of Mendocino County's Federal Legislative Program funding requests for several projects. Regular City Council Meeting April 21,2004 Page 11 of 13 There was a brief discussion regarding the request and it was the consensus of Council to table the matter until further information is obtain. 10. NEW BUSINESS 10d. Review and Approval of Agreement for Purchase~ Sale and Development of Real Property Among Ukiah Redevelopment Agency~ City of Ukiah, anr~ Redwood Business Park It was the consensus of Council that the matter did not need to be discussed in Closed Session. M/S Baldwin/Smith approving agreement for purchase 'and development of real property among Ukiah Redevelopment Agency, City Redwood Business Park of Ukiah; carried by the following roll call w .=rs Rodin, Andersen, Smith, Baldwin, and Mayor Larson. ES: Non~ ,BSTAIN: None. ABSENT: None. 11. COUNCIL REPORTS Councilmember Smith reported he was s Roseville tonight but didn't go. He will be leavi~ the NCPA conference. a N( meeting in Iton, D.C. on Monday for Mayor Larson reported he submitt~ Cities regarding their legislative init[ Legislature Day in Councilmember Ro~ TI for Project Sanctu~ which walk :urday shoes. o the League of California as to who would attend determined that he and participate in a fund raiser 11. City Man~ for a j( woul~ that CITY MAN{ her to'" homeless II be out of 00 p.m. would be agreeable to Council Vall~ an District. She inquired if Council under the Mayor's signature, to a church that is a ;ouncil was agreeable to the request. She advised ~k. Ana Ara[ Johnson had the bicultural meetings. It was noted that Richard ~ne meeting for a very brief period of time. Deputy City Clerl a requested Council recycle their envelopes. Adjourned to Ukiah Redevelopment Agency meeting: 10:55 Reconvened: 11:00 p.m. Adjourned to Closed Session: 11:00 p.m. 12. CLOSED SESSION a. Government Code ~54956.8~ Conference With Real Property Negotiator Property: Assessor's Parcel No. 002-232-12, Railroad Depot Property Agency Negotiator: Candace Horsley, City Manager Under Negotiation: Terms and conditions of lease Regular City Council Meeting April 21,2004 Page 12 of 13 b. Government Code ~54956.8~ Conference with Real Property Negotiator Property: A portion of Mendocino County, Assessor's Parcel Nos. 180-110- 02 and 180-110-06 Agency Negotiator: Candace Horsley, City Manager Under Negotiation: Price and terms of payment No action taken. 13. ADJOURNMENT There being no further business, the City Council meetin~ ourned at 11:45 p.m. Marie Ulvila, Deputy City Clerk Regular City Council Meeting April 21,2004 Page 13 of 13 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 5, 2004 The Ukiah City Council met at a Regular Meeting on May 5, 2004, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson. Staff present: Community Services Director Director Elton, Risk Manager/Budget Officer Harris, City Manager Horsl~ .= Chief Latipow, City Attorney Rapport, Public Works Director Steele, Plannin ;ctor Stump, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mendocino County Under-sheriff Hudson e of Alleg 3. PROCLAMATIONS/PRESENTATION 3a. Proclamation: Wildfire Awareness Mayor Larson read the Proclamation Awareness Week in Ukiah and preparation for the upcoming fire s Choice". proc resident.= 9-15, 2004 as Wildfire active in Ukiah's fire safety in ~s year's theme of "It a Clear Ukiah Fire Chief partnership with Ca Iment assistance of :ity wou e unab ;stry He discussed the City's and noted that without the the western hills. CDF Assistant explained Air Attack Base at Ukiah Airport and with full staffing and a helicopter. 3. PI 3b. Festival benefits lamation: W ~n read e City of to those week and thr, ~N proclaiming May 16-22, 2004 as Walk & Roll h, and urged all who are able to take advantage of the ride a bicycle, walk, or ride a MTA bus to do so during this tr. Valerie Lawe, fro~ & Roll Coalition accepted the Proclamation and discussed activities planned fo the Walk & Roll Festival. She noted that Councilmember Rodin and Councilmember Andersen will participate in competition. 3. PROCLAMATIONS/PRESENTATION 3c. Presentation: Karin Wandrei with the Mendocino County Youth Project Karin Wandrei from the Mendocino County Youth Project provided a presentation regarding the status of the agency. She discussed SHARE Youth Crisis service, Mental Health and Substance Abuse Counseling services, PASSAGES Adolescent Alcohol and Drug Treatment, school services, Family Enhancement services, and the Transitional Living Program. Regular City Council Meeting May 5, 2004 Page 1 of 7 4. APPROVAL OF MINUTES 4a. Regular Meeting of April 77 2004 M/S Smith/Baldwin approving the Regular Meeting Minutes of April presented, and carried by unanimous consent. 7, 2004, as 5. RIGHT TO APPEAL Mayor Larson read the appeal process. 6. CONSENT CALENDAR Councilmember Andersen requested that at some futu~ of surplus materials and their disposition to try to rews~ increasing the amount of money that can be return surplus materials. Council revisit the issue with an eye toward of Dm the disposition of M/S Andersen/Smith approving items "a'~ follows: a. Received Report of Emergency Acquisitior Entrance Panel with Meter Socket, Distributio b. Received Report of Ex Amount of $7,293.10; c. Received Report of Disposition d. Approved Administrative Assistant for MESA Within th~ kiah; e. Approved Bu~ Io Wildland Fire irs. ~e 125 HP 'hree Poi h "e" of the as 480 Volt Service 2 KVA Dry Transformer; From GE Supply, in the Equipment, and Supplies; Grant Funded Position Vehicle Covers and 18 Motion carried by Smith, Bal Councilmembers Rodin, Andersen, ABSTAIN: None. 7. Al M Deckard, U to a fire lane a NON-AGENDA ITEMS disputes he is having with his neighbor with regard · Bruce Foi ,President article in the views c( for public safety. ithe Greater Ukiah Chamber of Commerce, discussed the with regard to the Mendocino County Employers Council's G and encouraged Council to find ways to get more funding 8. UNFINISHED BUSINESS 8a. Consideration of Low Gap Park as Site for Development of a Skatepark Councilmember Rodin recommended the matter be continued to a future meeting. She is the Council's representative on the Ukiah Player's Theater (UPT) Board and at their recent Board meeting they expressed concerns with the recommendation to locate the skatepark at the Low Gap site. She felt it premature for the Council to move forward with this plan until further discussion occurs. Regular City Council Meeting May 5, 2004 Page 2 of 7 M/S Rodin/Andersen recommending continuance of the agenda item pending further discussion. Councilmember Andersen advised that there are continuing discussions with regard to the NCRA property site and felt it would be premature to discuss the Low Gap Road site. Councilmember Baldwin was of the opinion that members of the audience should be allowed to speak regarding the agenda item. ~:~:~" Councilmember Andersen agreed and withdrew his the motion. M/S Rodin/Smith recommending continuance of discussion. ;m pending further Councilmember Rodin withdrew her motio second to the motion. Councilmember S his Ann Rosenthal, parent of a skateboarder, positive activity for children to be in. SI matter of locating a site going on ~rs. g as a healthy and ;cussed her frustration with the Dotty Coplen, Ukiah, hoped the m, resolved soon. City Manager Horsl a site. She note railroad site and ~hat th the may I: ,le to fin; ncil been very active in pursuing but there is renewed interest at the something very shortly. M/S meeting. Moti~ ,aldwin, and roll call vote: AYES: Councilmembers Rodin, Andersen, NOES: None. ABSTAIN: None. ABSENT: None. 9. SS 9a. Intf of Emer~ City Attorney Section 2053, em Closed Session if Amending Ukiah City Code Section 2053~ re Cost Recovery ~cussed the proposed ordinance amending Ukiah City Code response cost recovery. The matter is also included under ouncil needs to discuss litigation. He discussed reasons for amending the definition of "incident". M/S Rodin/Andersen to introduce Ordinance by title only, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Deputy City Clerk Ulvila read the title of the Ordinance, "An Ordinance of the City Council of the City of Ukiah Amending Section 2053 of the Ukiah City Code Pertaining to the Recovery of Emergency Response Costs from Intoxicated Drivers." Regular City Council Meeting May 5, 2004 Page 3 of 7 M/S Smith/Baldwin to introduce Ordinance, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Councilmember Baldwin requested that Agenda item 9d be heard next. 9. NEW BUSINESS 9d. Discussion and Possible Action Re Mendocino For Support of Federal islative Pre City Manager Horsley advised that this matter was Council meeting. The City has received a lette~ Supervisors Chairman, and seeking support of Program funding requests for several projects. ,m County of Fundin_cl Recluests from the April 21, 2004 Wagonet, Board of Federal Legislative Jim Anderson, Mendocino County Federal Legislative Program with regard have an increased opportunity for federal fur addressed in his letter to the City. provided an overvie~ of the C, :ussed each of County's so as to requests Tape lb Considerable discussion followed' concerning the County's requests, residents, and summary of COYOTE Army Corps of to support the HELIPAD, the PI of 'ATER - UKI~ It was :onsensus spread users ch $400,000: Una RECYCLED $200,000: L FUNDING FOR D~ r. and Councilmembers City of Ukiah and its end a letter of support. A ~d belo Energy and Water Appropriations, Unanimous consensus of Council was ith mitigatio SYSTEM, ;nsus of Council upon condition that Request $5,500,000: Unanimous iANITATION DISTRICT, Request $74,000,000: :hat if the project is funded, any benefit would be City's Wastewater Treatment Plant. !NT PLAN, Environmental Protection Agency, Request ensus of Council. iE PLAN. United States Bureau of Reclamation, Request consensus of Council. SEPTAGE DEHYDRATORS, Request $100,000: Unanimous consensus of Council. REDEMEYER ROAD EXTENSION, Request $370,000:4-1 vote to support. It was the consensus of Council to write a letter of support for those items discussed. 1 NEW BUSINESS Selection of New Council Representative for the Sun House Guild Meetings Regular City Council Meeting May 5, 2004 Page 4 of 7 Councilmember Rodin explained that as the Council's representative on the Sun House Guild, she has been unable to attend the 4:00 p.m. meetings. Councilmember Baldwin volunteered to be the Council's representative. M/S Smith/Rodin selecting Councilmember Baldwin to serve on the Sun House Guild Committee for the remainder of the year, and carried by unanimous consent of the Council. Maryann Norris, Ukiah, voiced her opinion with regard to that anything growth inducing should be investigated furtt agenda item in 9. NEW BUSINESS 9b. Introduction of Ordinance Amendin¢ 1152 Governin¢ ;nt an~ City Plannin_~ Commission Councilmember Baldwin explained that Councilmember to appoint a Planning Commi the Councilmember. Code of Office for 1151 ana of the ,roposal wo'i Iow each to serve the same term as Tape 2a City Attorney Rapport explained th each Councilmember to have the Commission but they alternative wording offered another that expires while Co~ expire on January would .se ap pha,, is that Council had wanted of the Planning by the whole Council. The that he reviewed is fine. He 'n as each current Commissioner's term ;ing that all of the Commissioners' terms person the Councilmember appoints ce. Di~ dis~ of Option: that ~=w process current projects. the appointment would become affective as well as itted by Councilmember Baldwin. It was noted current Commission ample time to deal their Councilm~ application proc applicants. He stated that despite whatever changes are made, the continue and he voiced his opposition to interviewing of Option A. Mayor Larson discussed diversity among Commissioners with regard to geographic composition. He noted that the Ordinance suggests that "any resident" can be appointed and does not signify any age limitation. City Attorney Rapport stated that residency within the City limits is the only requirement in the current section of the Municipal Code. There was discussion regarding the process for handling a hypothetical situation in which a City Councilmember failed to appoint a Planning Commissioner. Regular City Council Meeting May 5, 2004 Page 5 of 7 M/S Baldwin/Smith to direct staff to return at the next meeting with a revised Ordinance that meets the intent of Option A. Councilmember Baldwin explained that the Commissioners whose terms expire in June 2004 would have the option of continuing to serve until January 2005, and then on January 1,2005, all Planning Commission seats will become vacant. John McCowen, Ukiah, explained that if Council reforms the nominating system, the Councilmember nominating someone would want to m; sure are qualified and would take responsibility for their nomination to the PI; ission. Motion carried by the following roll call vote: Andersen, Smith, and Baldwin. NOES: Mayor La None. ~uncilmembers Rodin, None. ABSENT: 10. COUNCIL REPORTS Councilmember Andersen reported th; Solid Waste Management Authority ( current hauler's approach to apartment recyclin! agendized for future discussion concerned solid waste trucks with oblems g of 3 to concerns regarding the nterested in having something recycling. Another issue Councilmember Smith re behalf of Northern Cai NCPA. NCPA felt support. He revie' of sp~ A~ ',oessfl issues in Washington, D.C. on the City's involvement with that they received positive were discussed. He reported that I' Valley Sa~ the CORn th with pla~ o ~ study in sewer si could be effective J 2004. Baldwin and attended the Ukiah taken at the meeting was relative to ram. There also discussion regarding amending the structure. They discussed repealing ordinance #22 s on newer sewer hookups, as a result of the Caldwell reported an additional 920 equivalent added. That matter was also passed and it will become City Manager that the Sanitation District is asking to have the Brown and Caldwell rep be reviewed by another engineering firm at an estimate of $55,000 to $65,000. joint meeting is planned for the beginning of June. At that time the Sanitation District will bring forward a request for the Council to share in that cost. Councilmember Baldwin reported receiving a letter from the Russian River Flood Control District stating that they would refuse to participate in any new Joint Powers Authority with the County Water Agency and adamantly stating that they wanted the Inland Water and Power Commission (IWPC) to be the lead agency. He recommended that this matter be placed on the City Council's agenda so Council could advise him how to vote as the City's delegate concerning what should happen on that issue. He has asked that at the Council's first meeting in June that Council consider a City Regular City Council Meeting May 5, 2004 Page 6 of 7 statement concerning the Hopland Bypass and local funding for the Bypass. He also discussed banners over State Street. He noted that in today's newspaper there is a Letter to the Editor from Justin Wyatt, Vice President of the Ukiah Police Officers Association, and he felt that the article misrepresented his positions. Mayor L. arson reported he was a presenter for two of the McCovey awards. He also attended the Community Center open house and walked a mile in a pair of women's high-healed shoes during an event sponsored by Project Sanctuary that raised $5,000. He gave a 17 syllable welcome address to the ukiaHaiku become a significant event to draw interest to Ukiah. He Women's Health open house. He sat on a panel with revising recruitment policies and regionalizing them so possibly Lake County would participate in a recruitr City with better candidates for its Police Departm ~t. He felt this could the Hillside Clinic Dewey concerning cies in Mendocino and would provide the He attended meetings of MCOG and Prevention forum and there is Financial Review Committee and four fa(;ade Last ..night he ed a Gang a of the 12. CITY MANGER CLERK City Manager Horsley reported tt coordinate a public meeting which that the City received a $500,00~ Commission (CDC) Re Fu to Washington, D.C. cost that the consultanl ifically a ~d that today the ballot measure to ,nce Center. She reported ity Development waster water funding trip ;1,300 per person, and noted ,or attend. Tape 2b City week of most likely take place during the An ;d that he may interested in attending. 13. C SESSION et al. v. Council did not ~rence with Legal Counsel - Existing Litigation, Dubray Court Case No. 200205 ed Session. 14, ADJOI~ There being no further business, the City Council meeting was adjourned at 8:58 p.m. Marie Ulvila, City Clerk Regular City Council Meeting May 5, 2OO4 Page 7 of 7 MINUTES OF THE UKIAH CITY COUNCIL 4c REGULAR MEETING WEDNESDAY, MAY 19, 2004 The Ukiah City Council met at a Regular Meeting on May 19, 2004, the notice for which had been legally noticed and posted, at 6:30 p.m. Roll was taken and the following Councilmembers were present: Rodin, Smith, and Vice Mayor Baldwin. Councilmembers absent: Councilmember Andersen and Mayor Larson. Staff present: Public Works Director Steele, Community Services Director DeKnoblough, Wastewater Treatment Plant Supervisor Gall, Risk Manager/Budget Officer Harris, City Manager HorsleY, Wastewater Treatment Plant Operator Jamison, City Attorney Rapport, Civil Engineer Eriksen, and Deputy City Clerk Riley. 2. PLEDGE OF ALLEGIANCE Jim Mulheren led the Pledge of Allegiance. 3. COMMENDATIONS/PROCLAMATION 3a. Commendations for Ukiah Police Officer Barry inman, Mendocino County Deputy Sheriff Andrew Whiteaker~ and ThO~Fletcher · · Vice-Mayor Baldwin read a commehdati0n to: Ukiah P°lice~officer Barry Inman Uendocino County Deputy Sheriff Andrew Whiteaker, ·and:Thomas ::Fletcher in recognition of their selfless act of providing immediate assistance in r~ndering life S~ing actions. Fire Chief Latipow also·~c0rnmended the three:gentlemen, and added that two Ukiah Valley firefighters also provid~ assistan~fat the s~n·e. 3. COMMENDATIONS/PROC ATION 3b. Proclamation: peace ~offiiee~,,!Mbnth: i~..n Ukiah Vice-Ma~r B~ldWin read a' Proclamation proClaiming May 2004 as Peace Officers Month in Ukiah and encourag~'atl residents to remember those who gave their lives for our safety and e~ress appreciation ~to those who continue to dedicate themselves to maintaining Ukiah as a safe and enjoyable plea in which to live. :. Police Captain Walker accePted the proclamation and expressed his gratitude. 4. APPROVAL OFMINUTES 4a. Re_clular Meeting~0f?April 21, 2004 Deputy City Clerk Riley advised that the minutes are not complete at this time and would be presented to Council at its next meeting. 5. RIGHT TO APPEAL DECISION Vice-Mayor Baldwin read the appeal process. Regular City Council Meeting May 19, 2004 Page 1 of 6 6. CONSENT CALENDAR M/S Rodin/Smith approving item "a" through "e" of the Consent Calendar as follows: a. Approved Disbursements for Month of April 2004; b. Authorized Renewal of Contract with the Salvation Army to Provide Professional Services for Ukiah C.A.R.E.S. Program; c. Adopted Ordinance No. 1054 Amending Ukiah City Code Section 2053, Emergency Response Cost Recovery; d. Approved Contract Addendum with Citygate Associates for ~htinued Performance of Developing an Annexation Strategy and Negotiations; e. Approved Letter of Support for Homeless Treatment Gra~ti Motion carried by the following roll call vote: AYES! c°~ncilmem~is Rodin, Smith, Vice- Mayor Baldwin. NOES' None. ABSTAIN: None. :.: ABSENT: Councilmember Andersen and Mayor Larson. 7. AUDIENCE COMMENTS ON NON-AGEND~:i~EM$ Rosalind Paterson, Redwood Val Mendocino County Probation De public safety issue for the communi = UNFINISHED BUSINESS Introduction of Commissio~ City Attorney RaP heard at the May Ami and Ti address~ i~ ~°uncil regarding layoffs at the In her opi~i~8i the layoffs will quickly lead to a the City Police Department. Section 1151 and 1152 Office for:Members of the City Plannin? summary report for this item, originally which now includes the Council's recommende~ revisions. James Mulheren addreSsed:~ Council and expressed his concern regarding having five new ~mmissioners on t~ same ~, resulting in a potentially serious learning curve. CommisSi~ner Rodin addreSsed Mr. Mulheren's comment, explaining that she shared his concern, and ~ is her intenti~ to nominate someone who is already on the commission M/S Smith/Rodi~ i~tr~i~g Ordinance by title only, carried by the following roll call vote: AYES: Councilmem~rs Rodin, Smith, and Vice-Mayor Baldwin. NOES: None. ABSTAIN: None. ABSENT: CoUncilmember Andersen and Mayor Larson. Deputy City Clerk Riley read the title of the Ordinance, "An Ordinance of the City Council of the City of Ukiah Sections 1151 and 1152 of the Ukiah City Code Concerning the Appointment of Commissioners to the Planning Commission and Their Terms of Office." M/S Smith/Rodin introducing Ordinance, carried by the following Councilmembers Rodin, Smith, and Vice-Mayor Baldwin. NOES: None. ABSENT: Councilmember Andersen and Mayor Larson. Regular City Council Meeting May 19, 2004 Page 2 of 6 roll call vote: AYES' ABSTAIN' None. 8b. UNFINISHED BUSINESSS Consideration of Site for Skatepark Development Due to ongoing property negotiations, this item will be discussed in Closed Session prior to Council action. 9. NEW BUSINESS ga. Presentation by Omni Means Ltd., Re.qardin.q City-Wide Traffi~ and Circulation Study ~.,~ :~ Civil Engineer Eriksen introduced consultants Paul M. nd Ross Ainsworth from Omni Means Ltd. and briefly summarized the traffic circulation :wOrkshop held earlier on May 19th, ::. Consultant Paul Miller provided a Power Point ~reSentation regarding the Ukiah Citywide Circulation Study. Omni Means has studied:.~i~i'Sting traffic conditions, identified problem traffic areas, and formulated recommendations:: regarding Circulation. AS part of his presentation, Mr. Miller described the areas withi~ the C~ that are currently operating at a deficient level of service and provided two possible alternatives for diverting downtown traffic. A brief discussion followed regarding:::~he roundabouts and how revisions to Main and Oak Streets might impact those neighborl Vice-Mayor Baldwin unable to attend the da~im desire for a workshOp, in: the evening for those who were Mike McCann, U'kiah, inquired regarding thee: safety of pedestrians attempting to cross roundabouts. Gordon Eiton~. Ukiah, inquired regarding the proposal to make Oak Street one-way and where that one-way street rnight merge with two-way traffic again. He expressed concern regarding the impacts onthe reSidential neighborhoods in this area. Jim Mulheren, Ukiah, inquired regarding the possibilities of extending Orchard Avenue in a southern direction and utilizing Dora Avenue as a one-way instead of Oak Street. Mr. Miller addressed the question regarding pedestrian safety by explaining that the consultants are lOOking ara multi-modal system and have taken into consideration both pedestrian facilities and-bike paths. Pedestrians cross roundabouts at a location before the center, so that they are only crossing one lane at a time. Regarding utilizing Oak Street as a one-way, he explained that this presentation is just a draft and further considerations regarding residential neighborhoods and one-way streets will be made. He also explained that Dora Street might be considered as a one-way street, creating third and fourth alternatives to the current traffic system. Vice-Mayor Baldwin expressed that, of the two alternatives presented, he preferred Alternative Two, as it did not change Oak Street. He also noted that he would like to see an emphasis on the downtown School Street area. Regular City Council Meeting May 19, 2004 Page 3 of 6 Councilmember Rodin stated that she would like to see examples from other communities. City Manager Horsley remarked that she was impressed with the innovative ideas from the consultants. w NEW BUSINESS Authorization of the City Manager to Negotiate and Ente~:::.ihto a Profession Consulting Services Agreement with Owen Enginee~i~ :and Management Public Works Director Steele provided an ove~i~ 0f the staff report, explaining that Owen Engineering and Management Consultants woai~ ~rovide construction management services for the City's Water System Improvement Proje~i M/S Smith/Rodin authorizing the City:: Manager t~::~~i~e and enter into a Professional Consulting Services Agreement wE~ 0~en Engineering & Management Consultants to provide construction management ~i~s for the:':'!~i~ of Ukiah's Water System Improvement Project, carried by the f~li°win~ r01l ~,11 vote:! ~YES: Councilmembers Rodin, Smith, and Vice-Mayor Baldwin. ~OES: ~:. :ABSTAIN: None. ABSENT: Councilmember Andersen~e~d Mayor Lar~ 9. NEW BUSlNES~ 9c. Discussion ~d Possible~ ion R~ ant Process and Terms for thl City Manager H~rsley ~i~i~'d that an ~ ~as discovered in the Airport Commissioner term limit~:, i~:di~:~ ~il term~::~ expire at the same time. The Deputy City Clerk is proposing that the terms be staggered t6:~::~reyent this from happening in the future. In addition to the rec°~endation provi~: in tl~ ~genda summary report, a Commissioner has brought forward ~ proposal in whi~' two ter~s would expire in 2004, two more in 2005, and one in 2006, referred:to as 2-2-1 · Mark Ashiku, ~rport c~m~issioner, stated that Chairman Fowler and the Commissioners discussed this isSUe and the Commission feels it would be appropriate to stagger the terms 2-2-1 in order to m~int~in continuity. Both he and Commissioner Whetzel have agreed to have their terms extended. Councilmember Rodin expressed agreement with the 2-2-1 proposal. A brief discussion followed regarding which Commissioners would hold which terms, and it was determined by consensus that Commissioner Ashiku's term would be extended to 2006 and Commissioner Whetzel's and Commissioner Beard's terms would extend to 2005. Regular City Council Meeting May 19, 2004 Page 4 of 6 M/S Rodin/Smith directing staff regarding staggered terms and to solicit applications for the vacancies on the Airport Commission, carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, and Vice-Mayor Baldwin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Andersen and Mayor Larson. 9. NEW BUSINESS 9d. Set Dates and Times for Fiscal Year 2004-2005 Budget Hearing · City Manager Horsley explained that whereas the City staff :UsUally holds a goal-setting budget session separately, Mayor Larson has requested that it be done as part of the regular budget sessions this year. If this is acceptable with the Council, those budget hearings could be held June 29t' at 8:00 a.m. and the. joint hearing with the Ukiah Valley Sanitation District could be held at6 3:00 p.m. on June 30t n.- It was the consensus of the City Council to combinethe goal-setting sessions with the regular budget sessions and to hold those hearings arS:00 a.m. on June 29th and 3:00 p.m. on June 30th. ' 10. COUNCIL REPORTS Councilmember Rodin reported that:she aEended the homeless shelter's grand opening and the Walk and Roll Festival. In honor:of the:Festival, she :has been riding her bike more and encourages others to do the same. Councilmember SmithrePorted·~at he spent·the day as a participant of the Walk and Roll Festival and noted ?that some ·:0f~ the do'town intersections do not have curb cuts appropriate for wheelchairs. Vice-Mayor :aaldwin're~rted.~t::~e ~nded;a Mendocino County Inland Water and Power CommiSSion .meetingi:' He explaine~::~':'~'.~e of the recent changes in membership and noted that consideration is being given to revising the JPA in order to encourage the County to re-jOin the agency. AlSo, at:'~ I~er meeting, he will ask the Council to take a stance on the Hopl~nd bypass and poSSibly pr°Vide funding. Finally, he appealed to the community to slow down on t~e City streets. ~ 11. CITY M~GER/CI~CLERK REPORTS ': : : .. City Manager H°rSleY:mPorted that several staff and Council members attended the homeless shelter grand'Opening. City Attorney Rapport reported that the Mendocino County Board of Supervisors has decided to negotiate an agreement regarding the area commonly referred to as the Brush Street Triangle area. In order to discuss this agreement, a two-person subcommittee will meet with two Councilmembers. He recommends agendizing this item for next Council meeting in order to establish this sub-committee. Regular City Council Meeting May 19, 2004 Page 5 of 6 As the Council prepared to adjourn to the Ukiah Redevelopment Agency and Closed Session, Vice-Mayor Baldwin asked if there were any public comments on the Closed Session item regarding the site for the skatepark. Terri Paul, Ukiah, stated that her son, now 33 years old, was a senior in high school when fundraising and discussions regarding the skatepark began. She encouraged the Council to consider the kids when making this decision. Jim Mulheren, Ukiah, noted that the Willits skatepark is progresSi~ faster than Ukiah's. He also noted that the Skatepark Committee prefers the site at the ~rkins Street train depot. A Adjourned to sit as the Ukiah Redevelopment gency: 7,56 p.m; Reconvened: 8:1S p.m. Adjourned to Closed Session at' 8:16 p.m. 12. CLOSED SESSION a. Government Code i54956,8 - ConferenCe~ith Real Property Negotiator Property: Assessor's Parc~ 12 Property) Owner: North Coast Railrol Negotiator: Candace HorsleY :.~ Under Negotiationl price and Te~s of Reconvened at: 8:30 P~I. ab · iiiiii!iii!~i , ConsideratiOh'~f .Site Communi~ S~ices Dire~t0~ DeKnoblO'dgh ~explained that the City of Ukiah proposed a 20-year Ib~t0 ~h.~coaSt Railroad Authority (NCRA) for a portion of the Perkins Street train de~°t site in thb ;~mount ~f $300 per month, with a 20-year option to renew. NCRA accepted this proposal. M/S Rodin/Smith directing ~he City Mangager and City Attorney to prepare a lease with NCRA for adoption at the~ext City Council meeting, carried by the following roll call vote: AYES: Council~embers R~in, Smith, and Vice Mayor Baldwin. NOES: None. ABSTAIN' None. ABSENT: C~un~il~mber Andersen and Mayor Larson. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 8:33 p.m. Shannon Riley, Deputy City Clerk Regular City Council Meeting May 19, 2004 Page 6 of 6 ITEM NO. 6a DATE: June 2, 2004 AGENDA SUMMARY REPORT SUBJECT: REPORT TO THE CITY COUNCIL REGARDING ACQUISITION OF SERVICES FROM CITY OF LIGHT SOUND AND RECORDING FOR SOUND MANAGEMENT OF THE 2004 SUNDAYS IN THE PARK CONCERT SERIES IN THE AMOUNT OF $6,000 SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the acquisition of services from City of Light Sound and Recording for the sound management of the 2004 Sundays in the Park Concert Series in the amount of $6,000. City of Light has provided sound management services for the past eleven years. The contracted amount has not increased from last year. The event is funded entirely by private sponsorship, and the funds are held in a trust account that the City administers. RECOMMENDED ACTION: 1. Receive report regarding the acquisition of services from City of Light Sound and Recording for sound management of the 2004 Sundays in the Park Concert Series in the amount of $6,000. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and Larry W. DeKnoblough, Community Services Director 1. 2004 Contract Proposal from City of Light Sound and Recording Candace Horsley, City ~nager Attachment 1 April 1, and Recordin~ and 'l'he (~itx' (>f~ [ rl<.ktt~ fk>r the 2(_>()4 [;ki',~h Sunda'~ s in the ]uric 1 3 Big Bad \~'o(.)d()(.) .tune 2/' [ ~kiah S~'mph(:m~, . ,c .... ~ 1()()('). [,()ad in f'(:)r gear is. for 1 '>::)()pm_.. ea.: <::' t': cl:~x'., <)r carlic~r d': :~:ncling so und cl:cc'k is from 4- 5:3 (:)pm. s()und man. 1') :-" 'cta:ls x. xill bc I():-1 l-~,'(>n:ing.. ('on(-crt. Pa.~nuent:s will be maclc (:)n thc d~['~: ()1' (~}~.:l.("h ('<:)::('crt. ITEM NO. 6t~ DATE: JUNE 2, 2004 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING PURCHASE OF 12 INCH AUTOMATIC CHECK VALVE FROM BERMAD IN THE AMOUNT OF $8,075.58 Pursuant to Ukiah City Code Section 1522 this report notifies the City Council of the purchase of material valued at between $5,000 and $10,000. A 12" 300# automatic check valve was purchased from Bermad for $8,075.58. This was purchased with money budgeted under account 820.3908.302.000, Maintenance of Pumping Equipment. This valve, because of its usage, has a history of wear and tear. Size restrictions and expediency demand that an exact replacement be available for re-insertion. Since this is an integral element of the existing water supply system, the equipment must be compatible with valve operation. A purchase order was issued to Bemad for the equipment. RECOMMENDED ACTION: Receive And File Report Regarding Purchase Of 12 Inch Automatic Check Valve From Bermad In The Amount Of $8,075.58. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Alan Jamison, Water Treatment Plant Supervisor Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager None Candace Horsley, City'l~anager ITEM NO. 6c DATE: JUNE 2, 2004 AGENDA SUMMARY REPORT SUBJECT: REPORT OF ACQUISITION OF REPLACEMENT COMPUTER EQUIPMENT FROM DELL MARKETING, L.P. IN THE AMOUNT OF $8,676.90 Section 1522 of the Municipal Code requires a report be filed with the City Council regarding purchases between $5,000 and $10,000. In accordance with the subject section this report is submitted to the City Council regarding the acquisition of replacement computer equipment for the following departments: Water Fund - 820.3901.800.000 .................. $5,697.08 Water Fund - 820.3908.302.000 ................ $1,671.08 General Fund- 100.1905.800.000 .............$1,308.74 The Purchasing Department issued a Request for Quotations (RFQ) for replacement computer equipment and mailed the RFQ to 12 vendors. Three vendors responded. The respondents were: Dell Marketing, L.P., Gateway Computers, and Corporate Express. After careful consideration of the bids received, a Purchase Order was issued to the lowest bidder, Dell Marketing, L.P. RECOMMENDED ACTION: Receive Report Regarding Acquisition Of Replacement Computer Equipment From Dell Marketing, L.P. In The Amount Of $8,676.90. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Paulette Klingbeil, MIS Coordinator Coordinated with: Mary Horger, Purchasing Supervisor and Candace Horsley, City Manager Attachments: None Candace Horsley, City ger ITEM NO. 6a DATE: JUNE 2, 2004 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR SEWER MAIN LINING TO J. F. PACIFIC LINERS INC. FOR THE SUM OF $79,509 Included in the 2003-04 adopted Budget, Sewer Fund Account Nos. 612.3510.810.003 and .004, is a total $89,500 to install PVC plastic liners in two badly deteriorated sewer mains. Specifications were written and Requests for Quotations through the formal bid process were sent to two contractors and twelve builders exchanges. Two bids were returned and opened by the Deputy City Clerk on May 18, 2004. The lowest bid is from Pacific Liners for the sum of $79,509.00 RECOMMENDED ACTION: Award bid for the sewer main lining to J. F. Pacific Liners for the sum of $79,509. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids and remand to staff. Citizen Advised: N/A Requested by: Tom McArthur, Water/Sewer Engineering Techn!ci~ll Prepared by: Michael F. Harris, Risk Manager/Budget Officer Coordinated with: Candace Horsley, City Manager Attachments: 1. Tabulation of Bids, page 1. Candace Horsley, City lt~nager SPEC. NO. 4-04 DATE: MAY 18, 2004 TABULATION OF BIDS FOR SEWER MAIN RELINING A. achmenl # . . J.F. PACIFIC LINERS, INC. HYDRO TECH, INC. $79,509.00 $81,573.29 AGENDA SUMMARY ITEM NO. 6e DATE: June 2,200~. REPORT SUBJECT: AUTHORIZATION TO EXECUTE AMENDMENT NO. I TO THE AGREEMENT WITH OMNI-MEANS, LTD. IN AN AMOUNT NOT TO EXCEED $23,288 FOR TRAFFIC CIRCULATION STUDY PHASE 2 (SIGNALIZATION IMPACT STUDY) AND APPROVAL OF BUDGET AMENDMENT IN THE AMOUNT OF $23,288 SUMMARY: On September 22, 2003, the City of Ukiah entered into a professional services agreement for the Citywide Traffic and Circulation Study with Omni-Means, Ltd. (Attachment 3). Under a separate project, the City of Ukiah received funding from Mendocino Council of Governments (MCOG) to complete a Signalization Impact Study. Much of the work for the Signalization Impact Study is already included in the Citywide Traffic and Circulation Study. However, due to the MCOG funding, a separate report is required. As such, staff requested a proposal (Attachment 2) from Omni-Means, Ltd. to complete a Signalization Impact Study identified as Phase 2 of the Citywide Traffic Circulation Study. This work is funded for up to $25,000 in the MCOG Overall Work Program for Fiscal Year 2003-2004. As part of the scope of work under this project, Omni-Means, Ltd. will analyze the Level of Service at selected non- signalized intersections. The report will also discuss traffic signal warrants and proposed funding options for signalized intersections. Once the work is completed, the Staff will submit a claim to MCOG for reimbursement of funds expended for this project. No general fund monies will be used for this project. Neither the expenditure nor the revenue was included in the current budget. Therefore, a budget amendment in the amount of $23,288 is needed to fund the work identified in the attached proposal. Staff recommends authorization of Amendment Number I with Omni- Means, Ltd. and a_p__proval of amendment to the 2003/2004 budget in the amount of $23,288. RECOMMENDED ACTION: 1. Authorize execution of Amendment No. 1 to the Agreement with Omni-Means, Ltd. in an amount not to exceed $23,288 for Traffic Circulation Study Phase 2 (Signalization Impact Study). 2. Approve amendment to the 2003/2004 budget authorizing $23,288 in expenditures in account 340.9654.250.000 and authorizing revenue of $23,288 in account 340.0600.490.014. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to seek proposals from other firms and report back to Council. Citizen Advised.'~ N / A Requested by: Diana Steele, Director of Public Works / City EngineeK-~-~rtl.5, Prepared by: Rick Seanor, Deputy Director of Public Works Coordinated with' Candace Horsley, City Manager ~i~ Attachments: 1. Amendment No. 1 to the Agreement 2. Proposal from Omni-Means, Ltd. 3. Agreement for Professional Services 4. Budget Amendment Worksheet PPROVED!-~~__ i~ ~,:.., A Candace Horsley; City nage~ RJS: AG-Omni-Means-mgOG_l , yl~ CITY OF UKIAH AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES DATED SEPTEMBER 22, 2003 TERMS AND CONDITIONS All terms and conditions of the Agreement for Professional Services dated September 22, 2003 shall remain in force and effect except as modified by this first amendment. AUTHORIZATION Upon execution of this amendment, service provider is authorized to provide the service described under the Scope of Additional Work identified in this Amendment Number 1. SCOPE OF ADDITIONAL WORK Work authorized by this amendment shall include that work described in the May 4, 2004 Engineering Services Proposal from Omni-Means, Ltd. A copy of said document is included with this first amendment. COMPENSATION Compensation for the performance of the additional work shall be made on a time and expense basis at Consultant's customary fees. Expenses shall not exceed a maximum total cost of $23,288. OMNI-MEANS, LTD. CITY OF UKIAH BY: BY: PRINT NAME: TITLE: CANDACE HORSLEY City Manager DATE DATE Amendment No. 1 to Agreement for Professional Services E N G 1 N E E RS -PLA N N E fi~$ Attachment # ENGINEERING SERVICES PROPOSAL To: Diana Steele City of Ukiah Public Works Department From: Paul Miller Re: Scope of Work, Budget and Schedule CC: Tim Erikson Date: Project: May 4, 2004 PROPOSAL FOR: Traffic Circulation Phase 2 - Signalization Impact Study Job No.: 25-7354-01 File No.: M662scp001.doc Based upon our conversations, and the background material that you provided, we have compiled the following scope of services to prepare a signalization impact study at various non-signalized high traffic volume intersections within the City. PROJECT UNDERSTANDING AND APPROACH Project Approach - The following Scope of Services to prepare a traffic signalization analysis at various high-volume intersections within the City of Ukiah has been created consistent with information contained in MCOG Overall Work Program, Work Element (9). The signalization analysis will quantify the following five items: 1. Determine LOS for non-signalized intersections. 2. Evaluate Caltrans traffic signal warrants for respective intersections. 3. Identify funding sources for traffic signalization. 4. Evaluate suitability of Development Impact Fees to fund traffic signal projects. 5. Prepare report of findings and analysis. Meetings - Omni-Means will attend one (1) project meeting. If additional meetings are required, Omni- Means will attend these meetings, only with prior authorization, for a pre-determined fee. Agency Reviews - The draft final report will be submitted to the City of Ukiah and MCOG for review and comment. Comments received on the draft study will be incorporated into the final report. Additional review of the final report will be completed by the appropriate agencies, necessary revisions will be completed, and the final report re-submitted to the client. {Note: Agency comments requiring significant new analysis or technical discussion may be subject to additional charges. This additional work will be completed only with the client's prior authorization, and will be billed on a Time and Materials Basis.} Schedule - Omni-Means would begin work on this project immediately following notice to proceed. We would provide the draft technical report within four (4) weeks. Following each agency review, we anticipate that either a revised report, or detailed response to comment letter would be prepared within one (1) week following receipt of the comments (depending on the nature and extent of the comments). 2237 Douglas Boulevard, Suite 100, Roseville, CA 95661 ~ (916) 782-8688 fax (916) 782-8689 May 4, 2004 SCOPE OF SERVICES Task I Review of Background Material and Proiect Management. Omni-Means will review all project related material, including; intersection mapping, recent traffic studies pertaining to study intersections, and agency transportation planning documents (including general plan circulations elements, and/or specific plan circulation elements). Omni-Means will provide all project managements responsibilities including; coordination with all affected agencies, attend meetings prepare meeting minutes, engineering staff management, quality control review, and project billings. Task 2 Data Collection. To provide a data base of existing peak hour traffic conditions, available relevant data will be collected. This data would include; existing recent aerial photography, traffic counts, existing development conditions adjacent to the project site, planned development that would affect the study location, and available roadway improvement plans. New weekday AM and PM peak hour intersection vehicular turning movement counts, along with pedestrian crossing counts, and five years of accident data will be obtained by Omni-Means at the following intersection: Intersections: · Hospital Drive/Perkins Street · Waugh Lane/Talmage Road · Main Street/Perkins Street · Main Street Gobbi Street · Low Gap Road/Bush Street · Waugh Lane/Gobbi Street Task 3 Determine Level of Service for Non-Signalized Intersections. Based on the data collected in Task 2, the existing traffic conditions will be analyzed. All intersections will be described in terms of functional classification, roadway geometries, number of travel lanes, current traffic volumes, and intersection spacing. Intersection weekday AM and PM peak hour capacity analysis will be completed for these conditions. Task 4 Evaluate Caltrans Traffic Signal Warrants For Respective Intersections. Based upon the peak hour traffic, pedestrian counts and accident information obtained in Task 2, the following Caltrans signal warrant analysis will be conducted: 1. Warrant 3 - Minimum Pedestrian Volume 2. Warrant 5 - Progressive Movement 3. Warrant 6 - Accident Experience 4. Warrant 7 - Systems Warrant 5. Warrant 10 - Peak Hour Delay Warrant 6. Warrant 11 - Peak Hour Volume Warrant Using the warrant information obtained from this analysis Omni-Means will make a recommendation regarding intersection signalization. Task 5 Evaluate Suitability of Development Impact Fees to Fund Traffic Signal Projects. Based upon information obtained from the Draft Ukiah Citywide Circulation Study, the feasibility of funding the recommended signal improvements from Task 4 will be analyzed. Signalization cost will be spread to future undeveloped parcels based upon Equivalent Dwelling Unit (EDU) values. Depending upon the estimated cost per EDU to fund the recommended signal improvements, and 2237 Douglas Boulevard, Suite 100, Roseville, CA 95661 ~ (916) 782-8688 fax (916) 782-8689 May4,2004 the estimated overall cost per EDU for other transportation improvements within the City, Omni- Means will make a recommendation regarding the suitability of using development impact fees to fund the recommended signal improvements. Task 6 Prepare Report and Finding of Analysis. The analysis conducted in Tasks 1 through 5 will be summarized in text, tables, and figures to explain the technical evaluation and recommendations. A final draft report will be prepared and submitted to the City of Ukiah and MCOG for their review and comment. Comments received on the draft study will be incorporated into the final report. Additional review of the final report will be completed by the appropriate agencies, necessary revisions will be completed, and the final report re-submitted to the City. COST ESTIMATE AND SCHEDULE As outlined in the first portion of this Proposal, the draft traffic study will be completed within four (4) weeks of receiving authorization to proceed. Upon receiving all comments, a final report (response to comments) will be prepared within an additional one (1) working day period of time. Our fee to perform this work is $23,288 as summarized in the following Proposal Hourly Budget Worksheet. We have included one (1) study meeting and no additional follow up meetings. Proposal Hourly Budget Worksheet Work Item Schedule Review of Background Material and Project Management Data Collection Determine Level of Service for Non-S ignalized Intersections Evaluate Caltrans Traffic Signal Warrants For Respective Intersections Suitability of Development Impact Fees to Fund Traffic Signal Projects Prepare Report and Finding of Analysis a. ~ ~ ~ m ~ Outside $166 $117 $103 $87 $50 Services 8 16 8 $500 2 8 4 $2,880 2 16 8 24 12 k 1 4 16 8 1 8 24 16 4 Subtotal 10 40 96 40 4 $1,660 $4,680 $9,888 $3,480 $200 $3,380 Total Cost 32 14 18 44 29 53 190 $4,524 $4,286 $1,882 $4,452 $2,978 $5,166 $23,288 2237 Douglas Boulevard, Suite 100, Roseville, CA 95661 ~ (916) 782-8688 fax (916) 782-8689 Affachment ~P_ --~ CITY OF UKIAH AGREEMENT FOR PROFESSIONAL SERVICES PREPARATION OF A CITYWIDE TRAFFIC AND CIRCULATION STUDY FOR THE CITY OF UKIAH This agreement shall be considered a contract, and is entered into this ~,;. ~- day of -'::'),~'?{~-~'~._'~'~ , 2003, by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as"CITY" and OMNI MEANS LTD., a professional corporation, hereinafter referred to as the "CONSULTANT." PREMISES The purpose of this agreement is the preparation and completion by CONSULTANT of a Citywide Traffic and Circulation Study for the City of Ukiah, more particularly described in CONSULTANT's proposal, dated February 19, 2003, referred to as "Exhibit A" or "PROPOSAL", and attached to this agreement. CITY may retain an independent contractor to perform special services for CITY or any department thereof. CONSULTANT is willing and able to perform duties and render services as required for the preparation and completion of such Traffic and Circulation Study, which is determined by the City Council to be necessary for the welfare of residents of the CITY. CITY believes the provision of these services to the residents is in their best interests, and CONSULTANT agrees to perform such duties and render such services as outlined below: AGREEMENT CITY and CONSULTANT agree as follows: 1.01 1.02 ARTICLE I SERVICES OF CONSULTANT CONSULTANT shall provide those technical, expert, and professional services as described in Exhibit A, which consists of Proposal, including Optional Tasks 7 (Circulation Element Update) and Task 9 (Capital Improvement Program Updated), from OMNI MEANS LTD., dated February 19, 2003, which is attached hereto and incorporated herein. The Traffic and Circulation Study shall also fulfill the requirements contained in the scope of work contained in the Request for Proposals (RFP) issued by the City for the project, attached hereto as Exhibit B and incorporated herein by this reference. CONSULTANT shall provide such services within the time limits described below. The absence, omission, or failure to include in this agreement items which are considered to be a part of normal procedure for a study of this type or which involve ATTA&t~I~NT = 3 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 professional judgement, shall not be used as a basis for submission of inadequate work or incomplete performance. CiTY relies upon the professional ability and stated experience of CONSULTANT as a material inducement to entering into this agreement. CONSULTANT understands the use to which the CITY will put the work products and hereby warrants that all findings, recommendations, studies, and reports shall be made and prepared in accordance with generally accepted professional practices in the area where CONSULTANT maintains offices. When the agreement calls for the preparation of studies and reports, they shall be in a form acceptable to the CITY. CONSULTANT shall bear the expense of all printing and reproduction costs until final reports are accepted by the CITY, at which time CONSULTANT shall turn over to CITY all documents. The following maximum time limits are prescribed for the delivery of reports subsequent to contract execution: a. Submission of, Working Paper #1 as described in the PROPOSAL, to CITY for review and approval: Within 180 days of contract execution. b. Submission of Working Paper #2 as described in the PROPOSAL, to CITY for review and approval: Within 90 days of the approval of Working Paper #1. c. Submission of Final Traffic and Circulation Study, shown as task 6.4 in the PROPOSAL, for approval: Within 90 of the approval of Working Paper #2. d. Submission of Circulation Element Update as described in the PROPOSAL, to CITY for review: Within 30 days of the approval of the Final Traffic and Circulation Study. e. Capitol Improvement Program Update as described in the PROPOSAL, to CITY for review: Within 30 days of the approval of the Circulation Element Update. Extensions of any of the above time limits may be made bywritten consent of the City Manager of CITY. Time is of the essence and of the utmost importance in the performance of the agreement. CONSULTANT shall deliver three (3) copies of Working Paper #1 to the CITY and one copy to each of the members of the Citizens Advisory Committee "CAC': CONSULTANT shall deliver three (3) copies of Working Paper #2 to the CITY and one copy to each of the members of the Citizens Advisory Committee 'CAC". CONSULTANT shall deliver three (3) copies of Final Traffic Studyto the CITY and ten (10) copies of the Final Traffic and Circulation Studies. An electronic version of the Final Traffic Study shall also be submitted to the CITY. CONSULTANT shall deliver items from the PROPOSAL, titled Task 7 (Circulation Element Update) and Task 9 (Capital Improvement Program Updated)T. CONSULTANT shall be responsible for verbally communicating the findings of the Traffic and Circulation Study to staff, Planning Commission and to the City Council at regularly scheduled meetings. CONSULTANT shall perform any additional services as may be required due to significant changes in general scope of the project. Such additional services shall be 2 3P,2 paid for by supplemental agreement and shall conform to the rates of payment specified in Article V below. 2.01 2.02 ARTICLE II SERVICES OF CITY Upon request, CITY shall provide CONSULTANT any information in its possession or reasonably available to it without substantial expense that consultant may need to perform services under this agreement. CITY through the City Manager or her designee will examine the required Working Papers, Study, and other submittals from CONSULTANT and will render, in writing, decisions or comments pertaining to their adequacy and acceptability within ten (10) working days of receipt thereof. 3.01 3.02 3.03 3.04 3.05 ARTICLE III TERM OF AGREEMENT The term of this agreement shall be 440 days. This agreement may be extended on its same terms and conditions for a period not to exceed sixty (60) days, upon execution of written change to the agreement between the CITY and CONSULTANT. The execution of this agreement by the CITY shall constitute the CONSULTANT'S authorization to proceed immediately with the performance of the work described by Exhibit A. All work by CONSULTANT shall be completed pursuant to Exhibit A and paragraph 1.05 above. CONSULTANT'S time to perform shall be extend by the number of days its performance is delayed by circumstances beyond its control. CONSULTANT acknowledges that timely performance of services is an important element of this agreement and will perform services in a timely manner as provided in paragraph 1.05 above and consistent with sound professional practices. If CITY requests significant modifications or changes in the scope of this project, the time of performance shall be adjusted appropriately. The number of days of said extension shall be the final decision of CITY. 4.01 4.02 ARTICLE IV COST OF SERVICES CONSULTANT has been selected by the CITY to provide services described in Exhibit A, including Optional Task 7 (Circulation Element Update) and Task 9 (Capital Improvement Program Update), attached hereto and incorporated herein by reference, for which compensation shall not exceed $114,739 to be invoiced on a time and expense basis, except for additional compensation at the CONSULTANT'S standard rates as described in the attached proposal. If CONSULTANT'S billings on a time and expense basis exceeds the maximum compensation ceiling established in 4.01 above, the CITY shall have no obligation to pay such cost overrun for the services specified in Exhibits A and B. 5.01 5.02 5.03 5.04 5.05 ARTICLE V PAYMENT FOR SERVICES CITY shall pay CONSULTANT for work required for satisfactory completion of this agreement in amounts to be determined in accordance with the methods described in paragraph 5.02 below. Payment scheduling' Total payment not to exceed $114,739, except for additional compensation at the CONSULTANT'S standard rates as described in the PROPOSAL. Fees for professional services as outlined herein shall be paid as follows: a. The Consultant will be paid upon job completion based on the Consultant's generally applicable hourly rates and reimbursable expenses, the total of which shall not exceed the contract price stated in 5.02 above plus authorized costs described in 5.05 below. The fee will be paid based on an invoice to the City from the Consultant detailing the work performed and the time and costs expended. b. Partial compensation may be allowed for satisfactory progress on a monthly basis, subject to the prior approval of the City Engineer. Payment shall be based on invoices to the City from the Consultant detailing the work performed and the time and reimbursable costs expended. Invoices may be submitted no more frequently than every 30 days. In no case shall the total of the invoices for progress payments exceed _,~~~ f tl~ amount specified in 4.01 above. c. Payment of any CONSULTANT inv ~cb~es above and beyond the amount stated in 5.02 b above, shall be made after approval of the Final Traffic and Circulation Report by the CITY. Payments to CONSULTANT shall be based on itemized invoice(s) submitted by CONSULTANT and verified by the City Engineer. Progress payments, if authorized, will be made byClTY within thirty (30) working days of approval of invoice by CITY. Final payment will be made by CITY within thirty (30) working days of approval of the Final Traffic and Circulation Report by the City Engineer and acceptance by the City Council. If CITY substantially alters the scope of work to include additional analyses, the total payment, cost of services and the terms of payment may be changed by amending the agreement. 6.01 6.02 ARTICLE VI PROJECT INSPECTION AND ACCOUNTING RECORDS Duly authorized representatives of the CITY shall have a right of access to the CONSUI-TANT'S files and records relating to the project included in the agreement and may review the work at appropriate stages during performance of the work with a 24- hour notice. CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred, which records and documents shall be kept available at the CONSULTANT'S California office during the contract period and thereafter for three (3) years from the date of final payment. 4 7.01 7.02 ARTICLE VII DISPOSITION OF FINAL REPORTS All final original reports and documents together with such backup data as required by this agreement shall be and shall remain the sole property of CITY. Reuse or modification by CITY or others for purposes outside this agreement shall be at user's sole risk. CONSULTANT may retain and use copies of its work produced in the performance of this agreement for reference and as documentation of its experience and capabilities. CONSULTANT'S attention is directed to the required notice under Government Code Section 7550, which states in part that "any documents or written reports prepared as a requirement of this contract shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports if the total cost for work by no~ employees of the public agency exceeds $5,000.00." 8.01 8.02 8.03 9.01 ARTICLE VIii TERMINATION OF AGREEMENT At any time CITY may suspend indefinitely or abandon the project, or any part thereof, and may require CONSULTANT to suspend the performance of the service. In the event the CITY abandons or suspends the project, CONSULTANT shall receive compensation for services rendered to date of abandonment andsuspension based on invoices for services performed prior to receipt of the notice from the CITY, not to exceed the amounts specified in Section 5.02. It is understood and agreed that should CITY determine that any part of the work involved in the program is to be suspended indefinitely, abandoned, or canceled; said agreement shall be amended accordingly. Such abandonment or cancellation of a portion of the program shall in no way void or invalidate this agreement as it applies to any remaining portion of the project. If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt, efficient, and thorough service, or ifCONSULTANT fails to complete the work within the time limits provided, CITY shall have the right to give notice in writing toCONSULTANT of its intention to terminate this agreement. The notice shall be delivered to CONSULTANT at least seven (7) days prior to the date of termination specified in the notice. Upon such termination, CITY shall have the right to take CONSULTANT'S studies and reports insofar as they are complete and acceptable to CITY, and pay CONSULTANT for his performance rendered, in accordance with Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to terminate, less the amount of damages, general or consequential, which CITY may sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations under this agreement. ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the CITY, its agents, officers, and employees against and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs (including but not limited to attorney's fees), brought for, or on account of, injuries to or death of any person or persons including employees of the CONSULTANT, or injuries to or destruction of property, arising out of, or resulting from, the performance of the work described herein, provided that any such claim, lawsuit, action, liability, damage, loss, expense, or cost is caused in whole or in part by any negligent or intentional wrongful act or omission of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. CONSULTANT shall have no duty to indemnify or defend CITY under this paragraph if the damage or injury is caused by the active and sole negligence or willfully wrongful act or omission of ClTY or its officers or employees. CITY agrees to timely notifyCONSULTANT of any such claim and to cooperate with CONSULTANT to allow CONSULTANT to defend such a claim. 10.01 ARTICLE X INSURANCE CONSULTANT, at its expense, shall secure and maintain at all times during the entire period of performance of this agreement, insurance as set forth in "ExhibitC", attached hereto, and incorporated herein by reference, and shall furnish policy endorsements, certificates of insurance and other documents as required in said Exhibit. 11.01 ARTICLE Xl GENERAL COMPLIANCE WITH LAWS It is understood and agreed that the CONSULTANT will comply with all federal, state, and local laws and ordinances as may be applicable to the performance of work under this agreement. 12.01 ARTICLE Xll ENDORSEMENT OF DOCUMENTS It is understood and agreed that, theCONSULTANT will endorse studies, reports, and documents in accordance with applicable portions of the Business and Professions Code of the State of California. 13.01 13.02 ARTICLE Xlll NONDISCRIMINATION CONSULTANT certifies that it is in compliance with the Equal Employment Opporturity Requirement of Executive Order 11246, as amended by Executive Order 11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, and any other Federal or State laws pertaining to equal employment opportunity and thatit will not discriminate against any employee or applicant for employment on the basis of race, color, religion, handicap, age sex, national origin, or ancestry, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation, or termination. In the event of the CONSULTANT'S noncompliance with the nondiscrimination provisions of this agreement, the CITY shall impose such contract sanctions as it may determine to be appropriate including, but not limited to: a. Withholding of payments to the CONSULTANT under the agreement until the CONSULTANT complies, and/or 14.01 bo Cancellation, termination, or suspension of the Agreement in whole or in part. ARTICLE XIV INDEPENDENT CONSULTANT The CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer or employee of theClTY, and that it will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, worker's compensation coverage, unemployment benefits, and retirement membership or credit. Consultant shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for itself and its employees, if any. Consultant agrees to indemnify and hold CITY and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. 15.01 15.02 15.03 ARTICLE XV SUCCESSOR AND ASSIGNMENTS The CITY and the CONSULTANT each binds itself, its partners, successors, and executors, administrators, and assigns to the other party to this agreement, and to the partners, successors, executors, administrators, and assigns to such party in respect to all covenants of this agreement. Except as stated above, neither theClTY nor the CONSULTANT shall assign, sublet, or transfer his interest in this agreement without the written consent of the other, however, the CONSULTANT reserves the right to assign the proceeds due under this agreement to any bank or person. In the case of death of one or more members of the firm of theCONSULTANT, the surviving member or members shall complete the professional services covered by this agreement. 16.01 16.02 ARTICLE XVl EXTENT OF AGREEMENT This agreement shall consist of this agreement, the PROPOSAL submitted by OMNI MEANS LTD., dated February 19, 2003, identified as Exhibit A, as attached hereto and incorporated herein, and the insurance requirements set forth in the attached Exhibit B. This agreement constitutes the whole agreement between theCITY and CONSULTANT and any other representations or agreements are superseded by the terms of this agreement. 17.01 18.01 ARTICLE XVll PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this contract. ARTICLE XVlII NOTICE Whenever a notice to a party is required by this agreement, it shall be deemed given when deposited with proper address and postage in the U.S. mail or when personally delivered by courier, fax or otherwise as follows: CITY: City of Ukiah Civic Center 300 Seminary Drive Ukiah, California 95482 FAX: 707-463-6204 ATTN: Diana Steele, Director of Public Works/City Engineer CONSULTANT/ CONTRACTOR: Omni Means Ltd. 2237 Douglas Boulevard Roseville, California 95661 FAX: 916-782-8689 ATTN: H. Ross Ainsworth, President 19.01 20.01 ARTICLE XlX DUPLICATE ORIGINALS This agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed and such duplicate original shall be admissible as proof of the existence and terms of the agreement between the parties. ARTICLE XX FORUM SELECTION CONSULTANT and CITY stipulate and agree that any litigation relating to the enforcement or interpretation of the agreement, arising out of CONSULTANT's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. CONSULTANT hereby waives any right it might otherwise have to seek a change of venue based on its status as an out-of-county corporation, or on any other basis. EXECUTION OF AGREEMENT IN WITNESS WHEREOF. the parties hereto have caused their duly authorized officers to execute this agreement in duplicate the day and year first above written. CITY OF UKIAH Candace Horsley, City nager Date CONSU LT/~T/CONTRACTOR H~. ~o s~s A, sw~ortCsworth.~Pre.~sid:nt Date IRS IDN Number APPROVED AS TO FORM: David Rapport, Ciiy Attorney Date Submitted By: OMNI-MEANS, Ltd. 2237 Douglas Boulevard, Suite 100 Roseville, California 95661 (916) 782-8688 Fax (916) 782-8689 In Association with Goodwin Consulting Group I,U I.U >- ~' AGENDA SUMMARY ITEM NO. 6f DATE: June 2, 2004 REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING PROHIBITION ON PARKING VEHICLES SIX FEET OR MORE IN HEIGHT AT 1282 SOUTH STATE STREET PURSUANT TO UKIAH CITY CODE SECTION 7154.5 On March 19, 2003 the City Council adopted Ordinance Number 1044 adding Section 7154.5 to the Ukiah City Code. This ordinance prohibits the parking of vehicles that are six feet or more in height at certain locations designated by resolution. Mr. James Silva of the Ukiah Moose Lodge, along with all of the businesses located from 1260 South State Street through 1282 South State Street (west side of South State Street) requested a restriction on the parking of large trucks in the vicinity of 1282 South State Street. Truck drivers routinely park in this area along South State Street while staying at Motel 6. Visibility of drivers using the exit (south) driveway is restricted by large trucks parked curbside at the subject location. Please refer to Attachment 2 for a location map. The Traffic Engineering Committee (TEC) reviewed this request at its regular meeting of May 18, 2004. The TEC concurred that restricting the height of vehicles parked along the frontage will allow better visibility for those departing the businesses and buildings in the area. Therefore, the TEC recommended restricting the parking of vehicles six feet or more in height at 1282 South State Street. RECOMMENDED ACTION: Adopt resolution establishing prohibition on parking vehicles six feet or more in height at 1282 South State Street pursuant to Ukiah City Code Section 7154.5. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: James Silva, Ukiah Moose Lodge businesses at 1260 to 1282 S. State St. Diana Steele, Director of Public Works / City Enginee~ Rick Seanor, Deputy Director of Public Works,j2,~ Candace Horsley, City Manager 1. Resolution for Adoption 2. Location Map APPROVED:" Candace Horsley, City'~nager RJS: AG-1282-S-State-6-ff-Parldng-Resolu'don.SUM RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING PROHIBITION ON PARKING VEHICLES SlX FEET OR MORE IN HEIGHT AT 1282 SOUTH STATE STREET PURSUANT TO UKIAH CITY CODE SECTION 7154.5 WHEREAS, 1. Ukiah City Code Section 7154.5 prohibits the parking of vehicles six feet or more in height at locations and times as specified by resolution of the Ukiah City Council; and 2. Vehicle Code Section 22507 authorizes such prohibitions by ordinance or resolution, but requires signs or markings giving adequate notice of the prohibition or restriction before the resolution or ordinance shall apply; and 3. The City Council has determined to apply such restriction as further provided herein; NOW, THEREFORE, BE IT RESOLVED that: 1. Location where prohibition applies. The prohibition specified in Ukiah City Code Section 7154.5 shall apply at the following locations: Street Street Segment 1282 South State Street West side of street between two driveways serving businesses from 1260 South State Street to 1282 South State Street 2. Days and times when restriction applies. The prohibition on parking vehicles 6 feet or more in height contained in Ukiah City Code Section 7154.5 shall apply at the above locations on the following days and times: Days Times Sunday - Saturday (7 days/week), including legal holidays 24 hours/day, no exceptions 3. The above prohibition/limitations shall apply at the locations, days and times specified immediately after the City Engineer installs signs giving adequate notice of the prohibition or restriction. Resolution No. 2004- Page 1 of 2 PASSED AND ADOPTED on ,2004, by the following roll call vote: AYES: NOES' ABSENT: Eric Larson, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. 2004- Page 2 of 2 ATTACHMENT "2" Motel 6 Proposed No Parking for vehicles six feet or more in height entire length (approx. 190 LF) between driveways 1 inch equals 50 feet Photo Date: March 2001 AGENDA SUMMARY ITEM NO. 6g DATE' JUNE 2, 2004 REPORT SUBJECT: AUTHORIZATION FOR FIRE CHIEF TO EXECUTE AUTOMATIC EXTERNAL DEFIBRILLATORS GRANT CONTRACT The Ukiah Fire Department has been awarded a grant in the amount of $5,000 for two Lifepak 500 DPS Automatic External Defibrillators (AED) and AED training for personnel not already trained to use an AED. While the Fire Department has Advanced Life Support (ALS) capability on the first-out apparatus, the Duty Chiefs and second-out engine are Basic Life Support (BLS). The intention is to place an AED with the Volunteer Duty Chief and on the second-out fire engine resulting in an increased potential to have AED in place within four minutes or less, increasing the level of service to the community. These units are compatible with existing equipment and training. When the units are received, training of qualified volunteer firefighters on the proper use and maintenance of the AED will commence. All trained personnel will be familiarized with the equipment prior to it being placed in-service. Once all authorized personnel have demonstrated proficiency, the units will be place in-service accompanied by a press release. The department intends on utilizing the local press, safety fairs, open houses, and station tours to educate the community regarding the improved service. There is strict monitoring of usage and training required to maintain the integrity of the contract and if not adhered to may risk future State agreements and awards. Staff is requesting the Fire Chief to be authorized to sign the contract. RECOMMENDED ACTION: Authorize Fire Chief To Execute Contract For AED Grant. ALTERNATIVE COUNCIL POLICY OPTION' Determine other individual is to sign contract and provide direction to Staff. Citizen Advised: N/A Requested by: Fire Department Prepared by: Kurt Latipow, Fire Chief Coordinated with' Candace Horsley, City Manager Attachments: 1. AED Grant Contract. APPROVED: Candace Horsley, City Man~ger mfh:ASRCityCouncil 04 AEDgrantAuth to Sign STATE OF CALIFORNIA~EALTH AND HUMAN SERVICES AGENCY ARNOLD SCHWARZENEGGER, Governor EMERGENCy MEDICAL SERVICES AUTHORITY 1930 9TH STREET SACRAMENTO, CA 95814-7043 (916) 322-4336 FAX: (916) 324-2875 II May 19, 2004 City of Ukiah Fire Department Kurt Latipow, Fire Chief 300 Seminary Avenue Ukiah, California 95482 RE: 2003/04 Contract #EMS-3105 Dear Chief Latipo~v: Enclosed are four (4) originals of your AED Contract. As this Contract is considered a legal document, please refrain from making any alterations (white-out, tape, xerox, three-hole punch, etc.). Any alterations made to this Contract will delay the processing time, as it will have to be returned to you for signatures a second time. If any information is incorrect on this Contract, please call me before obtaining signatures. Please obtain the required signatures and return all four (4) originals to me. Also, complete and sign the Certification Form on all contracts. When the contract is processed, you will receive your copy. If you have any questions regarding this allocation, please contact me at (916) 322-4336, extension 422. Sincerely, Carol MacRae Contracts Manager CM:cm Enclosures cc: Sean Trask ST^T~ OF C^L,=~,~ SHORT FORM CONTRACT (For agreements up to $9,999.99) STD. 210 (Rev 6/01) Invoice must show contract number, itemized expenses, service dates, vendor name, address and phone number. SUBMIT INVOICE TO: Emergency Medical Services Authority Attn: Carol MacRae 1930 9th Street Sacramento, CA 95814 CON ! PACT NUMBER I AM. NO. I EMS-3105 FOR STATE USE ONLY FEDERAL TAXPAYER ID. NUMBER STD. 204 [] N/A D ON FILE [-'] ATTACHED r-~ CERTIFIED SMALL BUSINESS CCCs r"l N/A [-~ ON FILE [] ATTACHED CERTIFICATE NUMBER r-1 DVBE % [-1 N/A [--I GFE [-I Late reason r-~ Public Works Contractor's License I-1 Exempt from bidding 1. The parties to this agreement are: STATE AGENCY'S NAME, hereafter called the State. Emergency Medical Services Authority 2. The agreement term is from April 1, 2004 CONYP, ACTOR'S NAME, hereafter called the Contractor. City of Ukiah Fire Department through August 31, 2004 3. The maximum amount payable is $ 5,000.00 pursuant to the following charges: Wages/Labor $ Parts/Supplies $ 4,790.00 Taxes $ 210.00 Other $ 4. Payment Terms (Note: AII payments are in arrears.) U ONE TIME PAYMENT (Lump sum) [] ITEMIZED INVOICE E] OTHER (Attach list if applicable.) MONTHLY I--I QUARTERLY The Contractor agrees to fumish all labor, equipment and materials necessary to perform the services described herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference. (Outline in exact detail what is to be done, where it is to be done and include work specifications, if applicable.) [] ADDITIONAL PAGES ATTACHED Project Objectives: 1) 2) Select and obtain the AED(s) that meet the requirements of your organization and meets any requirements of the local EMS system. Obtain the necessary AED training that meets the minimum requirements of the California Code of Regulations and the local EMS system specific to the category of personnel (Public Safety or EMT-I) that will be authorized to use the AED. 2.1 AED providers are encouraged to obtain train-the-trainer AED training in order to have an in-house AED instructor. EXHIBITS (Items checked in this box are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.) GTC*SF 201 [] GIA* *If not attached, view at www. d.qs.ca..qov/contracts/. Other Exhibits (List) In Witness Whereof, this a~lreement has been executed by the i3artles identified below: STAVE. OF CALIFORNIA CONTRACTOR AGENCY NAME CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership, etc.) Emergency Medical Services Authority BY (Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING Richard E. Watson, Interim Director ADDRESS 1930 9th Street Sacramento, CA 95814 FUND TITLE IDATE SIGNED Fed/AED ITEM 0010-751-53259 I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. City of Ukiah Fire Department BY (Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING Kurt Latipow, Fire Chief ADDRESS 300 Seminary Avenue i Ukiah, Califomia 95482 FISCAL YEAR CHAPTER I STATUTE 03/04 157 I 2003 SIGNATURE OF ACCOUNTING OFFICER DATE SIGNED OBJECT CODE 4120-101-0890 DATE SIGNED ' ProjeCt Objectives (Con't) 3) Implement the AED program by placing the AED devices in-service with AED trained and authorized personnel in an eligible zip code. 3.1 Local Public Safety Agencies that do not utilize EMT-Is to use the AED shall obtain AED Service Provider Approval from their local EMS agency. Statewide Public Safety Agencies shall obtain approval from the EMS Authority as an AED provider. 3.2 Local providers that utilize EMT-Is to use the AED shall obtain approval from their local EMS agency as an AED provider. Statewide public safety agencies that utilize EMT-Is to use the AED shall obtain approval from the EMS Authority. 4) Provide the EMS Authority with a mid term and final report documenting the progress of the AED project using a provided format. All reports must include the contract number and be sent to the following address: Emergency Medical Services Authority Attn: Carol MacRae, Contracts Manager 1930 9th Street Sacramento, CA 95814 5) Provide a description of how your agency will commit to providing for ongoing sustainability of the project after the grant period has ended. 6) Describe how your agency will notify the local community about the AED project and any outreach efforts. Reports: One mid-term narrative progress report: a. The purpose of the mid-term progress report is to provide the applicant agency and the EMS Authority with an evaluation of the project's progress in relation to the planned work and milestones. The report should be a summary of the project activities that have taken place to date including approval obtained from the local EMS Agency for project implementation. An original and one copy of the midterm report must be submitted to the EMS Authority 2. Final Project Report: The report is due no later than forty-five (45) days following the termination date of the contract or at the completion of the contract objectives. The forty-five (45) day grace period for the Final Project Report DOES NOT constitute authorization for reimbursement of costs for worked performed after the termination date of the contract. An original and one copy of the report must be submitted to the EMS Authority a. Objectives - Restate the major objectives of the project and how each was met. b. Methodology - Describe in detail how the project was implemented. c. Problems - Describe any problems or unplanned challenges that were encountered in the implementation of this project. d. Results - Describe in detail the results of the project in terms of meeting the project's objectives. e. Implementation Schedule - Outline the actual and or revised schedule for implementation of the project. f. Describe any rescue use of the AED and incident outcome if known. g. Describe number, type and model of AED, cost of AED(s), supplies and training. Include zip code of final placement(s). Bud~let: Budget Categories AED Grant Funds Local Funds Total (Match or In-Kind) Personnel Materials & Supplies $5,000.00 $5,000.00 Printing & Reproduction Training $1,000.00 $1,000.00 Total $5,000.00 $1,000.00 $6,000.00 Materials & Supplies: $5,000.00 2 3B-Lifepak 500 DPS AED with Adaptiv/Biphasic waveform for public safety, with 3- button operation and no audio recording. Includes operating instructions, inservice video and one setup instructions with each order. Also includes two pair QUIK-COMBO pacing/defibrillation/ECG electrodes with Redi-Pak preconnect system, charcoal color lithium battery, Ambu Res-Cue Mask First Responder Kit and Complete-soft shell carrying case with "stealth" non-reflective surface. Compatible with Infant/Child Reduced Energy Defibrillation Electrodes. Five Year Warranty. 2 @ $3,195.00- Discount $800.00 = $2,395.00 x 2 = $4,790.00, Tax & Shipping = $210.00. · Training: $1,000.00 Train the trainer AED training, AED training for personnel not already trained to use an AED. CCC-304 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) By (Authorized Signature) Federal ID Number. ,, Printed Name and Title of Person Signing Date Executed Executed in the County of CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (GC 12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drag-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drag abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and-employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractors failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.) 4. UNION ORGANIZING: Contractor hereby certifies that no request for reimbursement, or payment under this agreement, will seek reimbursement for costs incurred to assist, promote or deter union organizing. 5. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. · Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 6. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 7. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or 'corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced inwhole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www. dir.ca, gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 8. DOMESTIC PARTNERS: Commencing on July 1, 2004 Contractor certifies that it is in compliance with Public Contract Code section 10295.3 with regard to benefits for domestic partners. For any contracts executed or amended, bid packages advertised or made available, or sealed bids received on or after July 1 2004 and prior to January 1, 2007, a contractor may require an employee to pay the costs of providing additional benefits that are offered to comply with PCC 10295.3. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or. any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. , 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the fi'anchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution 'of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. ITEM NO. DATE: June 2, 2004 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR 5,000 FEET OF 500 MCM ALUMINUM, 600V, SINGLE CONDUCTOR CABLE TO LAKE COUNTY ELECTRIC IN THE AMOUNT Of $6,864.00 In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of material costing more than $5,000 but less than $10,000. A Request for Quotation (RFQ) through the informal bid process for specific aluminum cable was sent to nine suppliers. The bids were opened by the Electric Department on May 7, at 1:00 p.m. The bids were evaluated by Staff; Lake County Electric was the lowest bidder. A purchase order was issued in the amount of $6,864.00 including tax and freight. This cable will be placed in warehouse stock for planned future projects and has been budgeted in the 2003/2004 Fiscal Year in Account Number 800.3646.690.000. Sufficient funds are available for this purchase. RECOMMENDED ACTION: Receive And File Report Regarding The Award Of Bid To Lake County Electric In The Amount Of $6,864.00. For 5,000 Feet Of 500 MCM Aluminum, 600v, Single Conductor Cable. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Stan Bartolomei, Electrical Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachment: Bid results A PPR OVED' ~.~ Candace Horsley, Cit~anager Attachment #1 BID RESULTS 5000 Feet OF 500 MCM ALUMINUM, 600V, SINGLE CONDUCTOR CABLE Lake County Electric G.E. Supply Consolidated Electric Distributors Wesco (bidding 10,000 feet) $6,864.44 $6,944.44 $7,534.31 $11,532.27 ITEM NO. DATE: 6i _lune 2, 2004 SUB3ECT: RE]ECTION OF BID FOR WELL SERVICES TO EVALUATE AN ABANDONED WELL LOCATED ON THE CITY OF UKIAH MUNICIPAL GOLF COURSE The Public Utilities Department solicited bids to provide well services to evaluate an abandoned well located on the City of Ukiah golf course. Bid requests were sent to :14 contractors with one bid being opened by the Deputy City Clerk at the deadline of 2:00 pm May :1:1, 2004. Staff's purpose in evaluating the well's capacity was to investigate its potential as a source of irrigation for the golf course. The primary well service needed was a pumping capacity test to determine if the well could provide sufficient water to meet summertime irrigation needs for part or all of the golf course. Staff's objective is to reduce the amount of metered water used by the golf course during the peak season thereby reserving that resource for residential use pursuant to the Department of Health Services directives. After further consideration of environmental issues connected with the pumping capacity test, Staff believes that additional time is needed to thoroughly investigate regulatory issues and to obtain water quality test results before conducting a pumping capacity test. Also, since only one bid was received and given the unique circumstances of the scope of work, there is no adequate basis to determine if the bid represents the best value for the City to accomplish the scope of work. Therefore, Staff is recommending rejection of the bid received for well services without prejudice. As stated in Section IX of the Request for Bid document, the City reserves the right to reject any or all bids. RECOMMENDED ACTION: Reject bid for well services without prejudice. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine award of bid at this time is appropriate. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Ann Burck, Project Engineer/Manager Candace Horsley, City Manager N/A APPROVED:Candace Horsley,'~ Manager AGENDA SUMMARY REPORT ITEM NO. 6i DATE: June 2, 2004 SUBJECT: APPROVAL OF EXPENDITURES IN THE AMOUNT OF $10,000 FOR LEGAL SERVICES RELATED TO THE CITY'S WATER RIGHT AMENDMENT There is a need to continue the legal and engineering services of Weatherford and Taaffe for the purpose of obtaining amendments to the City's water rights on file with the State Department of Water Resources. The water right amendment process is ongoing and the current effort has been advising the City regarding the environmental process related to the extension of time and the change in place of use. The services are billed on an hourly basis at rates approved by the City. A purchase order authorizing the expenditure of $10,000 was previously issued and reported to the City Council on February 18, 2004. Staff is requesting that an additional $10,000 of unencumbered funds within budget account 820.3908.250.000 be authorized for the needed legal and engineering services. RECOMMENDED ACTION: Approve the expenditure of unencumbered funds in the amount of $10,000 within budget account 820.3908.250.000 for continued legal and engineering services related to the City's Water Right Amendments. ALTERNATIVE COUNCIL POLICY OPTION: Disapprove the expenditure request and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Kennedy, Interim Public Utility Director Rick Kennedy, Interim Public Utility Director Candace Horsley, City Manager None APPROVED~'~ _ Candace Horsley, City ~,anager AGENDA SUMMARY REPORT ITEM NO. 6k DATE: June 2, 2004 SUBJECT: AWARD OF BID TO WILDCAT SUPPLY COMPANY IN THE AMOUNT OF $45,941.07 FOR THE PURCHASE OF DEPARTMENT FIREARMS At the April 21, 2004 City Council Meeting, the City Council authorized the Ukiah Police Department spending plan for the Supplemental Law Enforcement Services Fund (SLESF) grant. In this spending plan, the department requested funds for the purchase of a standard departmental firearm. For this purchase, staff specified the Glock Firearm for purchase. This firearm is issued to every other agency within our county, and after careful evaluation, meets the department's needs. Requests for quotes were sent to eight vendors. Bids were opened May 27, 2004, with seven responses. Wildcat Supply Company had the overall lowest bid at $45,941.07. Staff recommends that Wildcat Supply Company be awarded the bid for Police Firearms in the amount of $45,941.07 including sales tax. RECOMMENDED ACTION: Award Bid To Wildcat Supply Company In The Amount Of $45,941.07 From Account 205.2001.800.000. ALTERNATIVE COUNCIL POLICY OPTION: Reject bids and provide staff with alternative action. Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey, Police Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: Bid Summary APPROVED: c~y, Cit anager ~>Z do m Z Z Z Z .,~ I-- Z -< C ro ~-~nm 0 rn 0 ~.- 0 0 AGENDA SUMMARY REPORT ITEM NO. 6]_ DATE: June 3, 2004 SUBJECT: AWARD OF BID TO FATS TRAINING INC. IN THE AMOUNT OF $84,579 FOR THE PURCHASE OF DEPARTMENT FIREARMS TRAINING SIMULATOR At the April 21, 2004 City Council Meeting, the City Council authorized the Ukiah Police Department spending plan for the Supplemental Law Enforcement Services Fund (SLESF)grant. In this spending plan, the department requested funds for the purchase of a standard departmental firearms training simulator. For this purchase, staff developed an evaluation committee, which arranged product demonstrations prior to developing specifications for purchase. Based on the evaluation committee's specifications, a request for proposal was sent to three vendors, who specialize in firearm interactive training systems. Bids were opened May 27, 2004, with three responses. After receiving the three responses, the evaluation committee met to review each proposal. Each proposal was evaluated for a number of factors including overall cost, warranty, support and quality of the product. FATS Training Inc. provided the lowest overall bid with these factors in mind, and the evaluation committee recommended this product for purchase. The FATS Training Inc. provided more features than the other vendors, specific Spanish speaking intensive critical incident training, and less lethal optional training within the basic price. Staff recommends that FATS Training Inc. be awarded the bid for Police Firearms Training Simulator in the amount of $84,579, plus applicable sales taxes. RECOMMENDED ACTION: Award bid to FATS Training Inc. in the amount of $84,579, plus applicable sales taxes, from account 205.2001.800.000. ALTERNATIVE COUNCIL POLICY OPTION: Reject bids and provide staff with alternative action. Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey, Police Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: Bid Summary APPROVED: Candace Horsley, Cit~Manager II III II IIII Ii i _1~ CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk=s Office) BID OPENING FOR' One New Use of Force, Jud.qment Simulator Trainin.q System SPECIFICATION NO. · DATE: May 27, 2004 TIME: 2:00 p.m. COMPANY AMOUNT . . ADVANCED ENGINEERING SYSTEMS (ATS) 665 ANDOVER PARK WEST SEATTLE, wa 98188-3321 - .,- lES INTERACTIVE TRAINING ~¢J:'-.:/,:~.~- 8250 E. PARK MEADOWS DRIVE LITTLETON, CO 80124 Marie Ulvila, Deputy City Clerk Bids: Police simulator training system Dewey AGENDA SUMMARY ITEM NO. 8a DATE' June 2, 2004 REPORT SUBJECT: APPROVAL OF LEASE BY THE CITY OF UKIAH WITH NORTHERN CALIFORNIA RAILROAD AUTHORITY IN THE AMOUNT OF $300 PER MONTH FOR A PORTION OF THE UKIAH RAILROAD DEPOT PROPERTY, ASSESSOR'S PARCEL 002- 232-12 At the May 19 meeting Council approved a proposal to lease a portion of the Ukiah Railroad Depot property from the Northern California Railroad Authority (NCRA). Prior to Council's action the NCRA Board had unconditionally approved the same proposal. The purpose in leasing the property is to secure a site for the construction of a skatepark. The lease conditions include a 20 year term, with'an option to extend for a second 20 year term, in the amount of $300 per month. The proposal also provided the City with an option to purchase the property should NCRA decide to sell the property any time during the term of the lease. Council's action also included direction to staff to return at the next meeting with a lease for approval. As directed, the City Attorney has completed a draft lease (Attachment #1 ), including all conditions of the proposal. Attachment #2 is the proposal previously approved by Council on May 19. Should Council approve the lease, it will be returned to NCRA for its review. It is staff's belief that the Depot property is an excellent location and securing the property will assist the Council in meeting a long standing community goal of building a skatepark. Staff believes the terms and conditions of the proposed lease are fair and equitable and is recommending approval of the lease and authorization for the City Manager to execute the agreement. RECOMMENDED ACTION' Approve lease with NCRA for a portion of the Ukiah Depot property in the amount of $300 per month and authorize the City Manager to execute the agreement. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Determine approval of lease requires further consideration and remand to staff with direction. 2. Determine approval of lease is inappropriate and do not move to approve. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: 1. N/A Larry W. DeKnoblough, Community Services Directorj?.'J'/) Candace Horsley, City Manager Draft Lease 2. Lease P/r-e,~)osal previously approved By NCRA and City Council APP ROVE D' ~-~----- 'N LD/ZlP2 Candace Horsley, City~anager DepotLease060204.Asr Attcx: t ! I I LEASE AGREEMENT This Lease, made this __ day of ,2004 (3X~ffective Date@), by and between the North Coast Railroad Authority, a public authority established pursuant to the North Coast Railroad Authority Act (Government Code ' ' 93000 et seq.), hereafter called, "Lessor," and the City ofUkiah, a general law municipal corporation, hereafter called "Lessee." RECITALS: 1. Lessor owns certain real property within the corporate limits of the City of Ukiah, known as the Railroad Depot Property, which includes a railroad depot as well as vacant land. 2. Lessor has the authority under Government Code Section 93020 to lease real property reasonably related to the operation and maintenance of railroads. 3. The Board of Directors of Lessor has determined that it will promote public use and enhance the Railroad Depot Property and the operation and maintenance of said property to lease a portion thereof, as further described herein, to Lessee for use as a skateboard park and reasonably related uses. 4. Lessee will invest substantial sums in the development and use property leased under this Agreement and, therefore, will require a substantial lease term to benefit from and fully depreciate the improvements constructed on said property. LEASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions set forth below, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor a portion of Railroad Depot Property, located on Perkins Street in the City of Ukiah, as is more specifically depicted and described on the attached "Exhibit A" (the g~Leased Premises@). The lease includes a non-exclusive access easement from Perkins Street to the Leased Premises, as more fully depicted and described in the attached Exhibit B. 2. TERM. The term of this Lease is for a period of twenty (20) years commencing on the Effective Date. Lessee shall have the option to extend the lease for an additional term of twenty (20) years on the same terms and conditions; provided Lessee provides Lessor with written notice of its decision to exercise that option not less than sixty (60) days prior to expiration of the initial lease term. 3. RENT. As rent for the initial term and the optional extended lease term, Lessee agrees to pay to Lessor the sum of Three Hundred Dollars ($300.00) per month, commencing on the first day of the month which occurs 180 days after the Effective Date, and continuing on the first day of each month thereafter. 4. USE AND IMPROVEMENTS. Lessee hereby agrees to install all permanent improvements and any necessary utilities to serve those improvements which shall become part of said property and title to said improvements shall be vested in the Lessor upon termination of this Lease except as set forth herein. 4.1. Lessee shall use the leased premises exclusively as a skateboard park and related ancillary uses. 4.2. Improvements, excavations, removal of any trees, brush, grass or improvements and other modifications to the property shall be the sole responsibility of Lessee and shall be approved by Lessor prior to conducting work. However, Lessee understands that Lessor is not experienced in the safe design of skateboard parks and relies upon Lessee's experience and expertise in designing a safe course under established standards. Lessee will make all reasonable efforts and take all reasonable precautions to design and construct a skateboard park that is safe and free from unreasonable hazards likely to cause injury to persons who use the course. Lessee shall assume full responsibility for the proper use and supervision of the skateboard park by members of the public. 4.3. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for maintenance of all improvements and for the furnishing of any utilities to serve the Leased Premises. 4.5. Lessee shall acquire the necessary and required permits from the appropriate regulating body for the development proposed under this lease. 4.7. Lessee shall insure that the Leased Premises are used only in compliance with all applicable laws and regulations and that the Leased Premises are not used for any unlawful purpose. 5. OPTION TO PURCHASE PROPERTY. Before Lessor may sell the Leased Premises or a larger parcel of which the Leased Premises is a part, Lessor must first offer to sell said property to Lessee. The Lessor and Lessee shall endeavor to negotiate an agreement for the purchase and sale of such property. If the parties are unable to reach an agreement, each negotiating in good faith, within a period of sixty (60) days from the date Lessor first gives Lessee written notice of its intention to sell the property, Lessor may offer the property for sale to other potential buyers. Any agreement to sell the property thereafter shall be subject to a condition that Lessee may agree to purchase the property in accordance with the terms of that agreement, if it accepts such terms within a period of thirty (30) days of the date Lessor gives Lessee written notice of the agreement, including a copy thereof. 6. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or underlet the said premises or any part thereof without the prior written consent of the Lessor, except that Lessee may sublease the Leased Premises to a non-profit community based organization formed to promote skateboarding in the City of Ukiah. 7. INDEMNIFICATION AND INSURANCE. 7.1. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the Leased Premises, any defective condition or faulty construction of the Leased Premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all liability, loss, cost, or other obligation, including reasonable attorney's fee, on account of or arising out of any such injuries or losses however occurring. 7.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 8. TERMINATION. Lessor can terminate this Lease for any breach of this lease by Lessee, including, but not limited to, failure to provide insurance, if Lessee fails to cure said breach within thirty (30) days after Lessor provides Lessee with written notice of the breach and of the steps Lessor contends Lessee must take to cure the breach. If a breach cannot be cured in thirty (30) days, Lessor may not terminate this Lease, if Lessee commences to cure the breach within said time and diligently proceeds to cure the breach within a reasonable time. Prior to the construction of improvements to the Leased Premises, Lessee may terminate this lease on thirty (30) days notice to Lessor, if Lessee determines that it will not proceed to develop a skateboard park on the Leased Premises. After construction of improvements has been commenced or completed, Lessee may terminate this lease on thirty (30) days written notice to Lessor, if it determines that it can no longer operate and maintain or arrange for the operation and maintenance of a skateboard park on the Leased Premises. If Lessee terminates the Lease for this reason, at the request of Lessor, it must remove the improvements constructed on the Leased Premises and restore the Leased Premises to the condition it was in prior to the Effective Date. Said improvements shall be removed and the condition of the Leased Premises restored within 180 days after Lessor gives Lessee written notice to remove the improvements and restore the premises. 9. ATTORNEY'S FEES. In any legal action to enforce or interpret any provision of this Lease, the prevailing party shall be entitled to recover from the other party its reasonable costs and attorneys fees. 10. TIME OF ESSENCE. Time is of the essence of this agreement. 11. WAIVER. Any party= s waiver of any default in the other party= s performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. 12. NOTICES. Any written notice required hereby shall be deemed given upon receipt or forty-eight hours after such notice is deposited in the United States mail, first class postage prepaid and addressed as follows: TO LESSOR: TO LESSEE: North Coast Railroad Authority C/o: Mitch Stogner - Executive Director 419 Talmage Road, Suite M Ukiah CA 95482 FAX (707) 463-3282 13. PARAGRAPH HEADINGS. City of Ukiah C/o: Ukiah City Manager Ukiah Civic Center 300 Seminary Ave. Ukiah, CA. 95482 FAX (707) 463-6204 Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 14. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby cancelled and superceded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 15. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. CITY OF UKIAH By: ATTEST: City Clerk NORTH COAST RAILROAD AUTHORITY By: It's Dina Polkinghorne Office Manager North Coast Railroad Authority 419 Talmage Road, Suite M Ukiah, CA 95482 Re: Proposal for Lease of a Portion of the Ukiah Depot Property , May 12, 2004 Dear Dina: This letter is to provide a formal proposal by the City of Ukiah to lease'approximately one acre of real property within the Ukiah Depot site. While the general lOcation of the desired site remains adjacent to the south side of Gibson Creek, the City has revised its proposal to.locate the site in the northeast portion of the property. This revised location should better accommodate future development along the Perkins Street frontage as well as ingress and egress onto Perkins Street. The proposed site is identified in the attachment to this letter. Please note that the purpose of the lease is t° provide a site for development of a public park. Specifically, the proposed park will contain an approximately 20,000 square foot concrete skatepark and related amenities such as restrooms, landscaping, and park seating. The City is proposing the following lease terms and conditions: Lease amount of $300 per month to commence on the first day of the month which occurs 180 days following the beginning of the lease term (no rent for the first 180 days of the lease). Twenty (20) year lease term with option to renew for an'additional twenty (20) year term. City to install at its sole expense all utilities and site improvements necessary for use of leased premises. City to provide full liability insurance .for leased premises at its sole expense. City to be responsible at its sole expense for all maintenance and repair of the leased premises. Option to purchase the subject site should NCRA determine at a future date to sell the property. An access easement tO the site will also be needed to provide ingress and egress fi.om Perkins Street, as the proposed site does not have independent street frontage. 300 SEMINARY AVENUE UKIAH, CA 95482-5400 · Option for City to terminate lease upon thirty (30) days notice in the event the skatepark project is not implemented. Should this proposal be accepted, our City Attorney will draft an agreement for NCRA review. On behalf of the City Council I would greatly appreciate this proposal being forwarded to the Board of Directors at the next available meeting. Should you have any questions or wish to discuss the City's offer further, p~ase contact me at 463-6221. Sincerely, Larry W?DeKnobloughq, Community Services Director City of Ukiah LDZip2 DeopotLeaseProposal. 051904 AGENDA ITEM NO: 8 b MEETING DATE: June 2, 2004 SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE DIRECTION REGARDING A PUBLIC SAFETY SALES TAX BALLOT ORDINANCE FOR THE NOVEMBER ELECTION At the April 21, 2004 meeting, the City Council discussed placing a public safety sales tax ballot measure on the November 2004 election. Council directed staff to hold a public forum to discuss possible wording of a new ordinance that would be more acceptable to the public. This meeting was advertised, and press releases and individual invitations were sent out for the May 20th forum at the Conference Center. At the beginning of the meeting, the Police and Fire Departments gave presentations regarding the current and future needs of their departments, and then a general discussion was held regarding the wording of a public safety sales tax ordinance. Staff is now returning to Council to discuss possible changes to the ordinance language that will make it more acceptable to the public, in hopes that it will not only recapture the 64% of the voters who voted for Measure G, but gain the additional 4% needed to reach the required 2/3 majority to pass the measure. Following is a discussion of comments received from public during the campaign, after the March election, and during the May 20th public meeting. In addition to the comments from the public, a letter was received from the Employers' Council on May 3 delineating their suggestions for a sales tax ordinance (Attachment 2). After each comment, staff has provided alternatives to the language within the ordinance to address the concerns. (Continued on page 2) RECOMMENDED ACTION: Discuss revisions to ordinance language and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Candace Horsley, City Manager City Attorney, Finance Director, Fire Chief, Police Chief 1. Proposals for revised ordinance 2. May 3, 2004 letter from Employers' Council 3. March 2004 Ordinance Approved: Candace Horsley, C~ Manager Discussion 1. The language of the ballot measure ordinance was difficult to understand Staff has submitted several verbiage options for the Council's review which are intended to be very straightforward and easily understood. Any language that did not appear to be "user friendly" was eliminated and replaced. 2. There was a general mistrust of Council's possible movement to non- public safety uses of current General Fund allocations to public safety One of the major arguments of the Employers' Council was the "back door provision" in the previous ordinance. This provision allowed the Council, once all provisions of the ordinance for additional officers and fire equipment and service levels were reached, to use some of the current General Fund money to fund other General Fund departments that were in budget distress. This could have prevented the loss of employees in various departments as well as potential closures of facilities and services. However, due to the fact that this was a major issue during the campaign, staff is recommending that we take out any option for being able to use existing General Fund revenues currently allocated to public safety for other public services. This should completely nullify the arguments regarding mistrust of possible allocations, confusion, and mischaracterization of the ordinance wording and intent of the initiative. 3. Better define the need The Police and Fire Chiefs prepared presentations for the May 20th public meeting, and these will also be presented to the Council to further delineate the current and future personnel and equipment needs of the departments. This same information will also be available for public discussion throughout the campaign months leading up to the November election. 4. Quarter cent versus the half cent sales tax The half cent sales tax ballot measure would produce $1.8 million. Within two years, the public safety operating budget deficit would be at $1.4 million, and critical capital and equipment replacement expenses estimated at $2 million would consume the remaining balance of tax revenue. Within four years, the entire additional ballot revenue would be used for public safety operations and additional general fund revenues would likely be needed to maintain capital equipment replacement. Demand for public safety services will continue to increase over time. A quarter cent sales tax would only cover the expenses of the next two years and will not protect the public safety level of service in the long run. 5. Hiring of Spanish-speaking officers During the Measure G campaign, the City Council expressed their intention to advertise for several of the new police officer positions to be bilingual in Spanish and English. This information will be emphasized in the next campaign. 6. There should be a sunset clause The problem with a sunset clause is that the sales tax measure is intended to fund personnel. Although equipment will also be purchased with the revenue, the majority of the money will be used for personnel. If there is a sunset clause and the funding disappears, the City will likely be unable to fund those positions and would have to reduce the force back to the current levels. The Employers' Council argues that if the public really wants the additional public safety services, they will vote again for a sales tax measure in another five years. This seems repetitive and could possibly be very confusing to the public, who might see this as an additional public safety sales tax measure over what they voted for five years before. One possible methodology for responding to a request for a sunset clause is to put a trigger into the ordinance that if, at the end of the fiscal year, the unrestricted reserve in Public Safety Services Fund equals or exceeds the revenues credited to the Public Safety Services Fund from the prior fiscal year, the sales tax rate will be reduced from a half cent sales tax to a quarter cent sales tax. This should satisfy the concerns of any community members regarding potentially large public safety reserves building up and not being used. Another option that can be used exclusively or in combination with other language is the idea of a Public Safety Services Fund Oversight Committee. The Committee would consist of five members and every five years, the committee would review the City's public safety budget and assist in organizing and analyzing the information provided. They would prepare a report to the Council containing an analysis of the level and types of services provided by public safety and make recommendations concerning future use of funds and levels and types of service. This would be an advisory committee only. Attached for Council's review are two proposals for revised language to address the majority of these concerns (Attachment 1). Council may determine to accept one of these options or revise the options as presented. Summary There are various options in response to citizen concerns over the previous ordinance's wording. Due to time limitations, staff is recommending that Council determine the appropriate wording for a November ballot election ordinance, so that the City Attorney may prepare an appropriate ordinance to bring back to the Council at the June 16th meeting. This will give us at least one month to receive comment before the August 6th deadline for ballot submission. Attachment I SALES TAX ORDINANCE SPENDING PLAN ALTERNATIVES ALTERNATIVE A (AUTOMATIC TAX RATE REDUCTION): Article 3. Permissible Uses of Transactions and Use Tax §1746: EXPENDITURE PLAN: A. Use of the tax proceeds. A. Use of the tax proceeds. The money received by the City from this one-half cent tax may only be used to provide public safety services within the City. These monies may not be used for anything else. "Public safety services" means law enforcement and crime prevention services provided by the Ukiah Police Department, and fire protection and prevention and emergency medical services provided by the Ukiah Fire Department. These taxes may be used to pay for such public safety services expenses as the training and salaries, including overtime and specialty pay, and fringe benefits, of public safety officers and support staff working in the Police Department and of firefighters, emergency medical technicians and support staff working in thc Fire Department. These funds may also be used for operating expenses, and the purchase of vehicles, equipment and supplies, and capital improvements used by the Police and Fire Departments. The City must set aside exclusively for public safety services all of the following: (1) money produced by this tax; (2) the amount of general fund revenues budgeted for public safety services in the 2003-2004 fiscal year, not including revenues produced by the Police and Fire Departments, such as income from the ambulance service, grants for public safety services and fees for service ("Public Safety Revenues"); and (3) Public Safety Revenues. The combination of these revenues shall be called "the Public Safety Services Fund." Starting five full fiscal years after the Operative Date, if the unrestricted reserve in the Public Safety Services Fund at the end of a fiscal year equals or exceeds the revenues credited to the Public Safety Services Fund for the prior fiscal year, the transaction tax rate imposed by Section 1739 of this Ordinance shall be reduced from one-half of one percent (.5%) to one-quarter of one percent (.25%). "Unrestricted reserve" means reserves confirmed in audited financial reports and which are not subject to a legally enforceable commitment of the City or designated for capital replacements pursuant to a 20-year capital replacement plan. Within thirty (30) calendar days of an approved audit for a fiscal year which satisfies the requirements of the preceding paragraph, the Finance Director shall notify the California State Board of Equalization ("SBOE") of the tax rate reduction. The reduced tax rate shall become operative on the first day of the first calendar quarter commencing more than 110 days after such notification to the SBOE. The City Manager shall execute on behalf of the City any new or amended contract required by the SBOE to administer the reduced transaction tax. B. Accounting for tax revenue. All revenues produced by the tax imposed by this Section and all interest on said revenues shall be credited to the Public Safety Services Fund and shall be designated for use and used only in accordance with subsection A of this Section 1746. The income to and expenditures from the Public Safety Services Fund shall be accounted for separately in the financial reports and records of the City of Ukiah. ALTERNATIVE B (FUND OVERSIGHT COMMITTEE) Article 3. Permissible Uses of Transactions and Use Tax §1746: EXPENDITURE PLAN: A. Use of the tax proceeds. A. Use of the tax proceeds. The money received by the City from this one-half cent tax may only be used to provide public safety services within the City. These monies may not be used for anything else. "Public safety services" means law enforcement and crime prevention services provided by the Ukiah Police Department, and fire protection and prevention and emergency medical services provided by the Ukiah Fire Department. These taxes may be used to pay for such public safety services expenses as the training and salaries, including overtime and specialty pay, and fringe benefits, of public safety officers and support staff working in the Police Department and of firefighters, emergency medical technicians and support staff working in the Fire Department. These funds may also be used for operating expenses, and the purchase of vehicles, equipment and supplies, and capital improvements used by the Police and Fire Departments. The City must set aside exclusively for public safety services all of the following: (1) money produced by this tax; (2) the amount of general fund revenues budgeted for public safety services in the 2003-2004 fiscal year, not including revenues produced by the Police and Fire Departments, such as income from the ambulance service, grants for public safety services and fees for service ("Public Safety Revenues"); and (3) Public Safety Revenues. The combination of these funds shall be called "the Public Safety Services Fund." There is hereby created a Public Safety Services Fund Oversight Committee ("Oversight Committee"). The Oversight Committee shall consist of five members, one member appointed by each of the following organizations: The Ukiah Valley Chamber of Commerce, the Ukiah Police Officer's Association, and the Ukiah Firefighters' Association. In addition the City Council shall appoint one public member and one member representing the Latino community. If any of these organizations fails (within thirty (30) days of a request by the City Council for an appointment) or refuses to appoint a member to the Oversight Committee or if the organization ceases to exist, the City Council shall designate a new organization to appoint a member to the Oversight Committee. The goal is to have an Oversight Committee that is representative of a broad range of interests within the City, including local businesses and community groups. Every five years after the Effective Date of this Ordinance, the Oversight Committee must review the City's budget for public safety services and the expenditure of the revenues so budgeted. The City Manager shall provide the Oversight Committee with any information it requests which is not exempt from disclosure under the California Public Records Act and shall assist it in organizing and analyzing the information so provided. The Oversight Committee must prepare a written report which shall be presented to the City Council at a noticed public hearing and which shall be available to the general public for not less than 10 calendar days prior to the scheduled hearing date. The report shall contain an analysis of the level and types of service provided by the City's police and fire departments, the expenditure of the Public Safety Services Fund, and the unrestricted reserves within the budgets for those departments. It shall also make recommendations concerning the future use of these funds and levels and types of service. The Oversight Committee is not a citizen review board and is not empowered to evaluate the conduct of individual City employees, complaints from the public about the conduct of individual employees or the policies of the Police and Fire Departments. B. Accounting for tax revenue. All revenues produced by the tax imposed by this Section and all interest on said revenues shall be credited to the Public Safety Services Fund and shall be designated for use and used only in accordance with subsection A of this Section 1746. The income to and expenditures from the Public Safety Services Fund shall be accounted for separately in the financial reports and records of the City of Ukiah. Attachment # ___ ~, ,, EMPLOYERS COUNCIL OF MENDOCINO COUNTY 597B S. MAIN STREET UKIAH, CA. 95482 PH: 462-5021 EMAIL: ecmc~pacific.net FX: 462-0318 Wcbsit¢: ¢cmconlin¢.com May 3, 2004 Members of the City Council City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Dear Council Members: The members of the Employers Council of Mendocino County (ECMC) caution that the defeat of Measure G on March 2 should not be interpreted as a lack of support for public safety (police and fire services) in the City of Ukiah. Nor should you, as Council Members, read the close vote as a mandate of your priorities and leadership in our community. Rather, the initiative lost because more than one-third of the voters in the March election mistrusted the language in the initiative, and didn't believe the funds would go solely to increase police and fire protection in Ukiah. Back door relief of general fund obligations for police and fire fighter salaries and retirement was ,not what the pre-election campaign message promised to the electorate. Initiating an increase of 50% in the City of Ukiah's share of local sales taxes "in perpetuity" to bail out the projected Ukiah fiscal deficit for the coming year was unpalatable to voters, who spoke from the ballot box. Contrary to what some believe, ECMC did not use "misinformation and scare tactics" about Measure G. Instead, ECMC pointed out that these increased taxes would go to support other City priorities, rather than just to police and fire protection as portrayed by the Measure G campaign. It was this confusion or mischaracterization to the voters that ECMC found to be so troubling. Employers believe that public safety should be the first priority for tax funds, and that sales taxes are a means to achieve the goal of increased safety for all who work, shop and live in the city limits. Many Ukiah business owners agree with the Measure G campaign goal to increase the current police force in the City limits and to purchase new fire equipment. Proposal for the November election ECMC proposes that a new initiative for the November election be prepared that will: o Increase the current City of Ukiah share of the sales tax by .25%, or from 1.00% to 1.25%. o Restrict expenditures of these new taxes to increase the current levels of police and fire fighter protection. o Designate a 2003-04 baseline year for general fund expenditures for police and fire. Future general fund expenditures for police and fire fighters may not be less than the 2003-04 expenditures for police and fire protection. o Sunset in 5 years. ECMC stands behind this new initiative to protect public safety and sunset the tax increase when City of Ukiah coffers are once again healthy. Based on City estimates the projected .25% sales tax increase would guarantee more money for police and fire ($900,000 vs. $600,000), than would the defeated Measure G, but would prohibit that increase from funding some proposed City initiatives. We urge you, as council members, to let the voters decide whether they want to increase fire and police protection in the City of Ukiah. Sincerely, ~ ,~..? . ~Richard Seizer, ~hairman Employers Council of Mendocino County (ECMC) Attachment # ~.~ ORDINANCE NO.1050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING CHAPTER 8C OF DIVISION 1 OF THE UKIAH CITY CODE IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. A new Chapter 8C of Division 1 is hereby added to the Ukiah City Code to read as follows: Article 1. General. {}1735: TITLE: This ordinance shall be known as the City of Ukiah Transactions and Use Tax Ordinance. The City of Ukiah hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City. {}1736: OPERATIVE DATE: "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below. §1737: PURPOSE: This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax as authorized by Revenue and Taxation Code Section 7285.91 in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7286.24 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a 2/3 majority of the City Council adopts this ordinance and a 2/3 majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. E. To raise revenue for public safety services as further provided herein. § 1738: CONTRACT WITH STATE: Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. Article 2. Transactions and Use Tax §1739: TRANSACTIONS TAX RATE: For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated and unincorporated territory of the City at the rate of one-half of one percent (.5%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. {}1740: PLACE OF SALE: For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carder for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. {}1741: USE TAX RATE: An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one-half of one percent (.5%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. §1742: ADOPTION OF PROVISIONS OF STATE LAW: Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. §1743: LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES: In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203. §1744: PERMIT NOT REQUIRED: If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. §1745: EXEMPTIONS AND EXCLUSIONS: A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Bums Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the County in which the sale is made and directly and exclusively in the use of such aircraft as common carders of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5. For the purposes of subsections (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 4 5. For the purposes of subsections (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. Article 3. Permissible Uses of Transactions and Use Tax §1746: EXPENDITURE PLAN: A. Use of the tax proceeds.. The revenues received by the City from the tax imposed by this Chapter ("Proceeds") together with any interest earned by the Proceeds shall be used exclusively to provide public safety services within the City. As used herein, "public safety services" means law enforcement and crime prevention services provided by the Ukiah Police Department, and fire protection and prevention and emergency medical services provided by the Ukiah Fire Department. The Proceeds may be used to pay for the training and the salaries, including overtime and specialty pay, and fringe benefits of public safety officers and support staff working in the Police Department and of firefighters, emergency medical technicians and support staff working in the Fire Department, and for the purchase of vehicles, equipment and supplies used exclusively by the Police and Fire Departments. Except as otherwise provided herein, the proceeds shall be used to supplement and not supplant general fund revenues budgeted for public safety services. Except as otherwise provided herein, the amount of general fund revenues budgeted in any future fiscal year for public safety services in the City shall not be less than an amount necessary to maintain public safety services at the level available in the City in the 2003-2004 fiscal year ("base year level") with additional services as specified herein, when those general fund revenues are combined with the Proceeds; provided, however, that this requirement shall not prevent the City from reorganizing or changing the method of providing 5 public safety services. The additional services beyond the base year level required by this section shall include (1) the equivalent of four additional full-time peace officers as defined in Penal Code Section 7 and Title 3, Part 2, Chapter 4.5 (commencing with Section 830) assigned to patrol services, and (2) not less than $150,000 per year for capital expenditures benefiting the Fire Department, including, but not limited to, the purchase or improvement of equipment, vehicles and facilities. "Patrol services" as used herein means a uniformed assignment within the Police Department that provides general or specific law enforcement duties, including, but not limited to, Community Oriented Policing and Traffic Enforcement. The City shall not be obligated to expend for public safety services the amount of general fund revenues required by this section in any fiscal year in which the City Council makes written findings of fact. Those findings shall be based on substantial evidence that expending the mandated amount of genera fund revenues for public safety services will result in substantial and detrimental reductions of other basic municipal services provided by the City of Ukiah. B. Accounting for tax revenue. All revenues produced by the tax imposed by this Section and all interest on said revenues shall be placed in an account separate and apart from the general fund, designated the "Public Safety Services Fund," and shall be designated for use and used only in accordance with subsection A of this Section 1746. The income to and expenditures from the Public Safety Services Fund shall be accounted for separately in the financial reports and records of the City of Ukiah. Article 4. Miscellaneous §1747: AMENDMENTS: All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. {}1748: ENJOINING COLLECTION FORBIDDEN: No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. SECTION TWO 1. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared unconstitutional or otherwise invalid. 2. EFFECTIVE DATE. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately. Approved on November 21, 2003 by the following roll call vote of the Ukiah City Council: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson None None None ATTEST: Eric Larson, Mayor Gordon Elton, City Clerk ITEM NO: 8c DATE: June 2, 2004 AGE'NDA SUMMARY REPORT SUBJECT: STATUS REPORT CONCERNING REVISED DRAFT SIGN ORDINANCE SUMMARY: In 2002, the City Council and Planning Commission instructed Staff to prepare revisions to the 1983 City Sign Ordinance. The purpose of this direction was to update the regulations to better reflect provisions contained in the 1995 General Plan, and to address concerns about large freeway oriented signs, the proliferation of banner style signs, and signs that appear out of scale and character with their surroundings. In late 2002, a Discussion Draft of revised regulations was prepared. After receiving input from interested individuals and organizations, Staff reevaluated a number of provisions in the Discussion Draft, and has now produced a revised Discussion Draft document. In response to concerns expressed about understanding the proposed new regulations, we have chosen an alternative format that merely proposes deletions and additions to the existing ordinance, rather than producing a completely new set of regulations. Changes suggested by the City Council and Planning Commission during previous workshops have been retained in the revised draft. A table comparing the revised Discussion Draft with the existing Sign Ordinance is attached. The primary goal of the project continues to be to successfully balance advertising freedom with aesthetic quality. The revised draft has been distributed to interested individuals and organizations for review. Staff has offered to meet and discuss the revised draft with the Chamber of Commerce, Ukiah Main Street Program, sign contractors, and others who have expressed an interest in the project. After the conduct of these meetings, Staff will schedule the public workshop/public hearing process with the Planning Commission. RECOMMENDED ACTION: Receive report. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Chamber of Commerce, Ukiah Main Street Program, sign contractors, other interested parties. Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Table comparing proposed regulations with existing regulations APPROVED: C~and~a anager SUMMARY OF REVISED DRAFT ORDINANCE ATTAOH~ENT / STARDARD OR REGULATION Section numbers to direct reader Total commercial sign area allowed Height of commercial freestanding sign Height of freestanding freeway oriented sign Time period for special event banners Criteria for review Design standards Banners allowed? Sandwich board signs allowed? Provisions for historic signs? Nonconforming sign regulations Planning Commission discretion Abandoned signs Tool for seeking relief from requirements EXISTING ORDINANCE No 1% square feet per 1-foot of parcel frontage on street 30 feet (or height of bldg) Taller with Variance 50 feet w/discretionary review 30 days No No Temporary only Yes with requirements No Yes Yes - with discretionary permit REVISED DRAFT ORDINANCE Yes I square feet per 1-foot of parcel frontage on street 20 feet (or height of bldg) Taller with Use Permit 30 feet 50 feet w/discretionary review 30 days 60 days for schools Yes Yes Temporary only Yes with revised requirements Yes Yes Yes Variance Yes -with discretionary permit- limited to design and architectural issues Yes Use Permit (Findings more related to aesthetics) ITEM NO. 8d DATE: JUNE 2, 2004 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING UKIAH CITY CODE SECTION 1151 AND 1152 GOVERNING THE APPOINTMENT AND TERM OF OFFICE FOR MEMBERS OF THE CITY PLANNING COMMISSION At its May 19th meeting, the City Council introduced the ordinance amending Ukiah City Code section 1151 and 1152 governing the appointment and term of office for members of the city planning by an all aye vote of the three members present. The ordinance is presented here for adoption by the Council. RECOMMENDED ACTION: 1) Adopt Ordinance Amending Ukiah City Code Section 1151 And 1152 Governing The Appointment And Term Of Office For Members Of The City Planning Commission. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Determine ordinance must be revised, do not adopt, and remand to Staff with direction. Citizen Advised' Requested by: Prepared by: Coordinated with' Attachments: N/A N/A ~ Michael F. Harris, Risk Manager/Budget Officer David Rapport, City Attorney and Candace Horsley, City Manager 1. Ordinance to be adopted, pages 1-2. APPROVED: Candace Horsley, City'~anager mfh:asrcc04 0602PCAppointadopt ORDINANCE NO. ATTA~_~/~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 1151 and 1152 OF THE UKIAH CITY CODE CONCERNING THE APPOINTMENT OF COMMISSIONERS TO THE PLANNING COMMISSION AND THEIR TERMS OF OFFICE. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Sections 1151 and 1152 in Article 4, Chapter 4 of Division 1 of the Ukiah City Code are amended to read as follows: § 1151- MEMBERS; APPOINTMENT: Said Commission shall consist of five (5) members who shall be residents of the City. Each member of the City Council, including each newly elected or appointed City Council member, shall appoint one Commissioner. A new City Council member selected to fill a vacancy on the Council and serve out an unexpired term of office may replace the Commissioner appointed by that Council member's predecessor in office. If a Commissioner vacates his or her office before the expiration of his or her term of office, the appointing City Council member of that Commissioner shall appoint a replacement to serve the remainder of that Commissioner's term of office. If a City Council member fails to appoint a Commissioner within sixty (60) days after the vacancy occurs, a majority of the City Council shall fill the vacancy following the procedure used to appoint members to other City commissions and boards. § 1152: TERMS OF MEMBERS: A Commissioner's term of office shall coincide with the term of the City Council member, including the Mayor, who appointed that Commissioner. SECTION TWO This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah. SECTION THREE 2221 This Ordinance shall become effective thirty (30) days after adoption. Planning ORDINANCE NO. 1 Commissioners who are in office, when this Ordinance becomes effective, shall remain in office until January 1,2005, even if, prior to the effective date of this Ordinance, their term would have expired on or would have extended beyond that date. If a vacancy occurs on the Commission prior to January 1, 2005, it shall be filled by a member of the City Council, including the Mayor. The member of the City Council with the most seniority on the Council shall appoint a Commissioner to fill the first such vacancy. The next most senior City Council member shall appoint a Commissioner to fill the next such vacancy. Any additional such vacancies shall be filled by individual members of the City Council in order of their seniority on the Council. The terms of any such appointees shall end on January 1,2005. After January 1,2005, a Council member may reappoint to a full term of office a Commissioner he or she appointed prior to January 1,2005. Introduced by title only on May 19, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Rodin, Smith, and Vice Mayor Baldwin. None. Councilmember Andersen and Mayor Larson. None. Adopted on ,2004 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Eric Larson, Mayor Gordon Elton, City Clerk 2222 ORDINANCE NO. 2 ITEM NO. DATE: June 2, 2004 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY (MSWMA) BUDGET As a member of the Mendocino Solid Waste Management Authority (MSWMA), the City Council reviews and approves the annual budget before its final adoption by the MSWMA Board. General Manager Mike Sweeney has provided the draft annual budget and report, which describes the various programs under MSWMA's purview as well as pertinent information for the Council's consideration. The draft budget was approved by the MSWMA board on April 28, 2004 and referred to member jurisdictions for comment. The draft budget has very few changes compared to last year's budget. An important note is that MSWMA has steadily increased its revenue from "fees for service." These fees include payments from adjacent Counties for HazMobile collection services. Last year, the total income from "fees for service" was $176,000, approximately 33% of the total budget. Staff recommends approval of the budget. The programs under MSWMA's control are well run and assist the City of Ukiah in meeting its State reporting requirements and recycling goals. RECOMMENDED ACTION: Approve MSWMA's 2004-2005 budget. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Enginee~-~.'~ Rick Seanor, Deputy Director of Public Works ~ Candace Horsley, City Manager t'- Mike Sweeney, MSWMA General Manager 1. MSWMA's Annual Report and 2004-2005 budget A P PR OVED: ".--~ ',~"~,'~~ %. Candace Horsley, City M~nager RJS: AG-MSWMA-budoet. SUM Mendocino Solid Waste Management Authority A joint powers public agency May 7, 2004 Michael E. Sweency General Manager P.O. Box 123 Ukiah, CA 95482 (707) 468-9710 sweeney~cific.net Eric Larson, Mayor City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: MSWMA Annual Report/Budget Review Dear Mayor Larson: The annual report & budget review for the Mendocino Solid Waste Management Authority is enclosed. The MSWMA Board adopted a proposed budget on April 28, 2004, and welcomes comments and questions, if any, from the goveming boards of each of our member jurisdictions. I am available to attend the Council meeting on this subject to provide additional information. Sincerely, Mike Sweeney General Manager enclosure cc: Councilman Paul Andersen Mendocino Solid 'Waste Management Authority Ann:ual Report / Budget Review' May, 2004 1300 tons of concrete rubble was used to block trespassing at the Newman Gulch illegal dump site prior to cleanup. MSWMA obtained a state grant to fund the removal of 52 abandoned vehicles and large amounts of trash from the area, which is part of the City of Fort Bragg's municipal watershed. HazMobile '['he H~Mobile household hazardous waste program had its 7th consecutive year of expansion in 2003, serving 7,088 vehicles i.n Mendocino, Lake, Sonoma and Humboldt counties. In Mend.ocino County, there were 104 collection days at nine locations. For 2004, service to the public has been improved by opening our Ukiah base facility evew Tuesday of the year and ev'e~' second Saturday fbr extended hours. The fastest growth in par-ticipation comes t?om Lake County, which has been served by the HazMobile since its inception in 1996 under a cost-sharing agreement with MSWMA. Sonoma Counl3' pays MSWMA to provide H~Mobile service in its northwestern corner, and ][..tumboldt County contracted for a collection in Garbervitlc area. The H~Mobile has won three state and national awards ibr excellent i'n providing a high level of HHW service to a rural area. 8000 6ooo 5000 4000- 3ooo~i 2000., 1000" 0 HazMobile Participation 1997 1998 1999 2000 2001 2002 2003 Year MSW.MA annual report' - page 2 County General Services department delivers a load of obsolete computer monitors to the HazMobile base facility for recycling, Electronics Recycling Working in cooperation with 'Mendocino C(~ unW'"s t0 disposal sit. es, MSWMA collected 110 tons of old televisions, monitom, computers and other electronics for recycling in 2003. In 1999, MSW'MA 'was the first local agency in Catitbmia to establish a permanent electronics mcycling program, anticipating the state 'ban on tandfil, ling of TVs and monitors that took effect two years later, The economics of electronics recycling wilt change substantially in 2004 with the implementation of the state's advanced recycling fee for TVs and monitom. This will allow MSWMA to drop its charges of $10 to $40 per unit that have cove'red part of the cost of the program, In 2006. the state's landfill ban is scheduled to be expanded to include virtually evew consumer device that contains a printed circuit board, a s~,~ ")u.rcc~"" of heavv~ metal contamination in landfills. MSWM.A is ready to expand the program to'a.ccomin(.- ' ' ~dat¢' "' the additional volume. Refurbishing and reuse of electronics is the best ibrm of diversion, and MSX3~ MA. promotes the reuse services of t.he RO.P Electronics Program and Computer Project Mcndocino. MSW.MA ann. ual report ..... page 3 Latex Paint .Recycling One of the largest wastcstreams received by thc: H~Mobile is latex paint. Rather than ship it out for recove~ or disposal at high cost, MSWMA recovers alt usable latex paint by bulking it into one of five colors. 'lhe paint is distributed free to the public in 5 gallon pails that are collected ikom local. businesses, The free paint is available first-come-first-served at the HazMobile base fhcility when it is open to the public every week..It is also available at the remote HazMobile collection events. Since the prograin started in 1996, MSWMA's recycled latex paint has been used .for barns, fences, houses, government buildings, soccer field lines, and graffiti abatement. About 7,2,00 gallons is given away each year. Free Store Numerous consumer items are still usable when mined in to the HazMobile, some unopened. Rather than pay the high cost 'to ship them out lbr hazardous waste disposal, MSWMA makes these items available to the public in the "Free Store" opened in 2003 at the ltazMobile base facility. II is heavily used by people who want to save money aro'und the house or garden or on construction jobs. MSWMA annual report -. page 4 Appliance Freon Removal 35O0 'i Household appliances serviced ~y HazMobile technicians 2500 ...i '/ f 15C¢3 -.,' ,. 5OO 1998 1999 2000 2001 2002 2003 MSWMA removes chloroflorocarbon r'*~' ',- - , . c~.r~geran, ts (freon) fi'om refrigerators, freezers and air conditioners without charge at six disposal sites, This program started in 1998 to 'help reduce the recycling charges to the publi, c tbr appliances which had contributed to illegal dumping, After the retiSgerants are removed the appliar~ces can be recycled as scrap metal~ Until the end of2003. M'SWMA was also removing lubricating ()il fi'om refrigerators m~d washers, but a change in thc crushing ~nethod used by the scrap metal contractor wilt make this un.necessary. ,Disposal choices MS'WMA chooses high-temperature incineration lUr hazardous wastes that can'[ be recycled, Although more expensive, this the environmentally- preferred alternative compared to disposal in a hazardous waste tandfiII. 'It also eliminates any long-'tem~ liability for MS~&¢,'I.A m~d its member jurisdictions. Currently, MSWMA ships solvents and oil-based paint to a 'facility in: Texas that processes these '*high-BTU"' wastes for use as fiaet in cement, kilns. Other wastes, such as poisor~s and corrosives, are destroyed in a hazardous waste incinerator in Arkansas. MSWMA maintains $10 million general liability insurance and a separate $1. mi. tlkm pollution liability policy. MSWM.A annual report - page 5 Illegal .Dump Cleanup MSWMA responds to all. roadside dumping complmnts throughouI Mendocino County, MSWMA at. so reimburses dump fees for vohmteer ctemmp activities, posts "No Dumping" signs, m~d plans lmge-scale cleanup prqiects using state g.rm~t fimds~ MSWMA helps the County Abandm~ed Vehicle Atbatement division by d~smantting trmIers and motor homes left on roadsides. tn the I3 years that MSWMA has worked agai~st illegal dumping, there has been steady progress i.n controlling the problem. Much of this is due to a changing public attitude, The d'tm~ping sh. own (m the le.f~: on Mitchell Creek Road near Fort Bragg ge'~mrated 12 complaint calls betbre it was removed. 300 - 25o, i 200 150 Illegal dump cleanups by MSWMA t73 220 t92 265 100 , 1999 2000 2001 2002 Year M SW.MA ann:ual rcporl: page Misc, .... 2% Interest Sources of HazMobite funding, 2003 MSWMA Finances MSWMA's core fimding is a $4.50 per ton surCharge on solid waste disposal at Mendoc[no County's i0 disposal sites. The surcharge was originally set at $6 in 1992, and was reduced in three stages since then. The surcharge funds are "teveraged' by MSWMA with other fbnding sources, including state grants and t'~es fbr service. These fees include payments by Lake, Sonoma and Humboldt county for HazMobile collections serving their ~residents. They also include fi~es by businesses, which pay the "pass-through" disposal cost for hazardous wastes they bring to .MSWMA. Households also pay l~es lbr HHW in excess of the 15-gallon per 'vehicle limit on free disposal. MSWMA has steadily increased its l~e-f;or-service income. $80,487 $ t 76,000 MSWMA Fee for Service Income ~s~,~3~ $147.751 $88,745 8t 1 :$73,925 1997-98 t998-99 1999-00 2000-01 Fi~cat Year 2001~02 2002~03 2003-04 MSWMA mmual report ...... page 7 Governance ot [~k~ah, (;iD' of Fort Bragg, ,4SWM.A is a joint pt. wers authority created in 1.990 by the City ' ~' '" City of Willits and the County of Mendocino. It is governed by a iBoard of Directors consisting of two county supervisors and one councilmember from each city. Current board members are: Patricia Campbell, County of Mendocino (chair) iPaul Andersen, City of Ukiah (vice-chair) David Colfax, County of Mendocino iBrian Baitierra, City of Fort Bragg Tami Jorgensen, City of'Wi, lilts StqlCfing MS WMA has four full-time employees: a General iMa:nager and three Hazardous Waste Technicians. MSWMA also employs a part.-time extra-help Hazardous Waste Technician, a part- time Laborer, and a part-time Recycling Specialist. 2004-05 Fiscal Year Budget 'D~e MSWMA Board approved a proposed 2004-05 budget: on April 28, 2004, and referred it to the member jurisdictions for comment. The budget is little changed from the previous year. The '~otes below are keyed to the numbered lines of the budget that appears on the following page: t..ine 1: Electronics recycling income- iprq}ected decline due to implementation of state's advanced disposal system. Line 4: Recycling block grant - Department of Con.~,rvation annual grant used lbr public venue recycling container acquisition and payroll for recycling outreach specialist Line 7: Surcharge - No change projected although this item will vao,' according to solid waste disposal volume. Line 9: Used oil block grant income .....CIWMB annual grant used tbr oil hauling costs and HazMobile costs ~br oil recycling. Line I0: Farm & Ranch cleanup grant income -- reimburses expenses from previous fiscal year m~d offsets resulting deficit. I.i.ne 16: Electronics recycling costs- prco ected decline due to implementation of state's advanced disposal fee system. Line 18: Health insurance- fiewer depen.dents are enro'lled so total premiums declined. Line 19: HHW disposal expense - no change projected but is variable depending on public participation. Line 26: Payroll expense, regular- change due to technical ;hctors m~d cosa-ofqiving and equity adjustment for full-time technicians. No increase 'for General Manager, Line 36: Tire recycling anmesty collections -full cost of annuaI event since no grant funds available. Line 38: Trmtslkr to depreciation reserYe -'MSWMA augments our fund tbr vehicle and equipment replacement. Line 39: Transfer interest to Reserve Fund - MSWMA has a Reserve Fund tk)r facility replacem, ent and interest is added to the Fund. Line 43: Worker's compensation insurance- Uncertain item due to recent reform legislation. NET: Surplus will offset unanticipated deficit in previous fiscal >ear due to expenditures made Ik, r Newman Gulch illegal dump cleanup but not yet reimbursed by state grant. MSWMA annual report - page 8 MSWMA BUDGET, 2004-05 FISCAL YEAR 2003-04 budget Proposed 2004-05 budget INCOME 1 Electronics recycling income 60,000 50,000 2 HHW service 106,500 106,500 3 Interest 9,600 9,600 4 Recycling Block Grant 31,741 31,661 5 Revenue, misc. 6,000 8,000 6 Sales, compost bin 2,000 1,000 7 Surcharge 266,000 266,000 8 Tire Gmat income 6,855 0 9 Used oil block grant income 37,860 34,165 10 Farm & Ranch cleanup grant income 7,998 41,000 11 TOTAL INCOME 534,554 547,926 EXPENDITURES 12 Advertising 3,000 3,000 13 Audit 3,000 3,200 14 Compost bin purchases 2,000 1,000 15 Electricity 350 300 16 Electronics recycling costs 55,000 25,000 17 Fuel 6,000 6,000 18 Health insurance 29,424 27,000 19 HHW disposal expense 80,000 80,000 20 HHW supplies 14,000 14,000 21 Illegal dump fees & cleanup costs 10,347 10,000 22 Liability insurance 12,782 13,000 23 Miscellaneous 2,500 5,000 24 Office supplies 4,000 3,000 25 Oil grant expense 11,000 12,000 26 Payroll expense, regular 161,324 177,562 27 Payroll, Used Oil Recycling Grant 27,000 22,000 28 Payroll, Recycling Block Grant 18,715 15,000 29 Pollution insurance 6,474 7,000 30 Postage 900 700 31 Printing 6,000 6,000 32 Recycling Block Grant expense 6,000 16,660 33 Rem 4,140 4,200 34 Sales tax 100 50 35 Telephone/communications 7,200 6,500 36 Tire recycling amnesty collections 11,982 20,000 37 Training fees 2,400 2,400 38 Transfer to depreciation reserve 10,768 10,768 39 Transfer interest to Reserve Fund 4,500 4,500 40 Trash disposal 600 600 41 Vehicle maintenance 5,000 5,000 42 Vehicle mileage 4,000 4,000 43 Worker's compensation insurance 23,354 24,000 44 TOTAL EXPENDITURES 533,860 529,440 NET 694 18,486 The 9t~ annual edition of the Mendocino County Recycling Guide was published by MSWMA in January, 2004. It is also available online at www. MendoRecycle.org Find out less-toxic solutions fOrandmanYc~ pest issues around the home _arden i-~ repairs and refurbishes ate it to a program that Don ...... makes them available free or compUXe,~ tow-cost to the publiC. · Cart FranCis Rutherford, instructor at · ROP Electronics Program. 937-1100 or e-mail francisOmcn.org o computer project Mendocino: Call Jim Neaves at g84-6169 or e-mail clientOOOOnetzer°'c°m MSWMA annual report - page 10 AGENDA ITEM NO: MEETING DATE: 9b June 2, 2004 SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING HOPLAND BYPASS FUNDINGmVlCE-MAYOR BALDWIN Vice-Mayor Baldwin has requested a discussion and possible action regarding the recent Mendocino Council of Governments (MCOG) decision for funding of the Hopland bypass. The MCOG Board approved the funding of $5 million per STIP cycle (every two years) through 2012 for the Hopland bypass. The 2002 STIP cycle allocated $18 million for the Mendocino County regional area. CalTrans has accepted this proposal and thus kept the Hopland bypass on their list of projects. They eliminated 20 out of 40 possible projects due to the lack of staff, time and money that it takes to do the environmental review and right-of-way acquisition. Mr. Dow has indicated that STIP funding is not only for local streets, but also for regional projects whereby local agencies share project costs with the State. A question and answer sheet from MCOG is attached. The first phase of the project, which will include design, right-of-way acquisition, and construction, is estimated at $120 million. The State has allocated $7.2 million for environmental review, which is expected to begin three-and-a-half years from now. MCOG has allocated $20 million up to 2012. Additional phases, once the bypass is completed, will construct a continuous four-lane highway to the south of Ukiah. Attached for Council's information is a letter from Vice-Mayor Baldwin, as well as two letters to the Ukiah Daily Journal that he has submitted for Council's review and discussion. Vice-Mayor Baldwin is asking for action from the City Council to formally oppose the funding by MCOG for the Hopland bypass. RECOMMENDED ACTION: Discuss funding of Hopland bypass and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Approved: N/A Phil Baldwin, Vice-Mayor Candace Horsley, City Manager Phil Baldwin, Vice-Mayor 1. Letter from Vice-Mayor Baldwin 2. Letters to the Editor regarding the Hopland bypass 3. MCOG question and answer sheet Candace Horsley, City IVl~nager Attachment # May 27, Fellow Councilmembers, I ask this Council to formally oppose any City of Ukiah, County of Mendocino, or Mendocino Council of Governments funding for the Hopland Bypass. Not only are there far more critical transportation projects in Mendocino County and not only is this a project inspired by State masterminds rather than local need, but it is a project that will induce auto dependent, sprawling subdivisions here and in Lake County by cutting commute time to Santa Rosa and San Francisco. Attached find two letters from local citizens making the case for this position better than I. Thank you for considering this issue. Phil Baldwin 4- THURSDAY, APRIL.29, 2004 Letters from'our readers- Against'bypassing Hopland To. the Edit°r: Let m,e see if I get this straight. Caltrans is going ahead with plans to bypass the wonderfully small cOmmunity of Hopland even 'though California is''in one of the Worse fiscal crisis's, in its. history, vital . mental and Pubic health programs, and' .------ ...... being clos~ed, putting: thousands of peoples, live~ at risk, and Caltrans wants to spend millions on something that is just·plain stu,- pid. The damage to the environment alone should be enough to tell .Caltrans to back off. The traffic in Hopland is not aproblem.; A person can even cross the street without putting their life in danger most. of the time. What is Caltrans thinking?. This is just another' exampl& of just how out of touch .people"in Sacramento are. Projects like this shOdld b$ put before th~, voters of Mendocino County.so that we can :set priorities' when it' comes to the What is done here. -. : All' the money being, spent on:this lame- brained idea could be put 'into the much needed bypass of.Willits; and mayb~ some of the money could be used to nlake sure that people with mental illness are not forced into, long-term Locked. facilities sim- ply because the state refuses to-set priori- ties. They obviously do not care what we want or what we need and are willing to spend tons of money .on projects that offer no help to us at all. The only people that would want such a .terrible project to hap- pen are those who would end up selling. their land. If Caltrans would only come up hei'e and ask us what we want and what we .need, they would see just how wrong they have been over the years..'Ideas would include a straight road to the coast, .'the. redesign of the off ramps .at Perkins, and .getting the' Willits'. bypass done· as soon as possible · (Caltrans is' the only gr6up that.:,is really keeping-it from getting· started). All they need to do is ask what we Want, ..instead of· telling 'us what they want:. We. live here and are ,impacted by what they do. We are the ones ~who suffer from their stu-" ' · pidity:' I. urge everyone to write to Caltrafis and demand that they put an immediate .halt to any plans that.would spenff millions of dol- lars no one has on a project no one in their .. right'.mind wants. William FrenCh' Ukiah 4 -.-, MO. NDA¥, APRIL 19, 2004 . . _. Letters...frO m...'.'our. :.read,ers., Concernedab°Ut.H pland- 'bypass. ' .... . .... . To the:Editor: )- "' '"' ,.hit° the · . .~[S. on m~tin~ isa funds'cap,.. '".':".ii years or.so, t9,. i ~200 acres.!· andI . ' new section of 4.. · Valle) :,~ TO begin' .,..., ;~ Caltrans isi 'from the:CoUnty is ..:, :~a:ill?tion'the iconverse:-if th~ econOMY.' '~ d~n t im~¥e; 'it will t~ ev. en"harfler:fi~''' :" MCOG to reduOe 'this. funding gap. ,. 'Ffl~r;,your.report makeS'major . ,. ' assumpti'oas'about the CoUnty's'future.. . RTIP"~hds.' The. report'assumes that: RTIP funding from,the'S.tate to Mendocino will ' average $10 .million/year (so MCOG - '~would.be committing .half Of its average)~ " · HoWever,· if.'the'present recession confin,. ' ues, this···average,may never be' met ~-but MCO~. Would Still'.be committed'to fund-" · .i , iqg$5, milllon per ye~., Again;.~e CoUil_,ty' c6~'!d 'be'left i'iWi".tl!..i a f~re '¢ommi .tmem .far 'l~ybnd its reaso~abl{i'ability .to pay.'. '" ,""geyondthe ~dMing issUei, it doesn't' :' :' ap'.~ar-{hat 'MCOG has'even tried.to sO!it_- ..it '~6~Unit~ opinion, about thi,s'Pyoject,' I " ' beiiiffe the' BYi/.ass wOuld tie another.fac"" tot':~ontfibufin~ td. grbwih:ifi' Mendocino ': C~ii~ity; 'as. it Wi)~id ake the,commute fromp}aces lilt.~.Santa.ROS~ e?i~r. Your.',.. ropO~,.'however,'simply dismisses the '.: '~.": ~t~ial .gr0wth'ind~iCing effect of the i..' ;.:'.:: '" .:': ilYPass:--;MCOO lacks a. mandate' to facili~. ' rate ,sUch :~oWth. Before MCOG t~es.any..' "acti0n.lil~e'. this;, it should make sure it has' · the support...ofthe residents,of.the County. · -' ..... .( F'.m. ally~ I don,t fltink:tliat County fund., ' .lng iS~really necessl!!y'. IL.tl~is prOject,iS . .r0.a,l!.y needed,: full .state .or .federal funding should be made,· a.vailable,,:Even if (2altrans makes .good .0n'i.t,~ithre.at, to~dgprograni'...':'-. the.H~)l~ladd'BY~a~ ff.~MCOG doesn't ,: · . qOmmit t0':~Un'di~;g 25,i~ewent; that.doe. ~fi't '"' mean the B~aSs ~ill :be'forever 'fore_. clOSed. '!n tile :ftttfil'e,:'if ther6 'is more: pub- ] lic :d&ffiand'for this Cosily projedt,.the · ~!ifical: will '.'and the state funding - l~0r 'i he' Bypass will ~' mustered....' I urge-you', to reconsider your'report in light bf thes~ is'sUes, add'I, Urge MCOG ask'Caltrans to: lOOk elsewhere for . ltopland Bypass' funding. · - Julie Mattern Golden far too much. For the Wi!lits Bypas~;.:ij;'i?'~ ?.". MC0O fUnded only: 15' percent',-. ,:~tiy;..,.'":'.:- ' should Mend~ifi'O:':~ind 25 'pere%t.'o~the.~" .,-"~ H0pland:Bypass?.:Mor~ import~i~?'i":-:.:i'.:::i . county has,:.t00 manY.'. °thei"l°cal;~'~{~s' i - th~.County shbUldnot'h~!P fuha.Proje'c..W i.. which ,are reallY/niore apP~.~pfiat0!~ .h~:.i,'.i":' [ -. died'by the Staie.'After?all; the .V...~t'i~aj°r¢...i' ity of the traffiCthroii:gh ~I,°pl~d;li'~tei';.i.'''' l · ' regional: people:and tmcl~._trav.~ifig/the, staie, it '~h0til~' be s01elY'a state. ~d ~eder-" al~ res~s!bility: to'-fund intemtat~;,high?:' .ways. ,~rther;"~ fundini~ Co~' :.~imts:. prop0S~ in yo~ ti?.feport~.°"Uld,redii~e." :,. :. I¢ICOG s fiexlbility"t0meot'future!,ocal .: ~'; ' needs. Our-County roads' and'other loCal "' roads in some areas.are in very" POor', '. ' shape, and dangerous'conditions on local rOads.shOuld ~be MCOO,sfirst priofitY..In the-end'; the.Count~ simply can't affOrd to ' · fund..theHop!and: Bypass. · . Y0ur..~port to MCOG also' doesW.t tell the 'full.'story.' :,..~.'e proposal is.for MCOG. commt~ent.to, fund .the environmental study.p~ase and right-of-way' pla, nning and acq~isiti0n,'-the proposal leaves.a ?fundLqg gap'.Of $'lli81million. ifftei)'20!2.'Tliis, .' c0i]ld'l~ti%'l~iend°cin0 county: ai~'that · Point,with a'Hobson's choice: somehow · 'fihd'm,'g: a ~eat: deal'more'm°ney (such as ' ' by..e~itiiig a.i0i:al tl-ansportafion,iax), or · · ab~~8~,~ B~/Pa. ss pr6je~t, (thereby' 7 . ',. ~Pr~ident, Golden -Vineyards Hopland . . .. .. Attachment # "'~ HOPLAND BYPASS PROJECT INFREQUENTLY ASKED QUESTIONS March 16, 2004 What is the purpose of this project? The project purpose is to provide an interregional transportation facility that will relieve congestion, reduce operational conflicts by separating local traffic from inter-regional traffic, accommodate future traffic volumes and improve safety. What is the need for this project? The need for this project is centered on the following concerns: · Congestion, Operational Conflicts and Delay - Within project limits the existing roadway is a conventional highway with numerous at- grade public and private road connections. Existing peak hour level of service is "E". US 101, functioning as "Main Street" carries 70% inter-regional travelers. Truck passing lanes in North Hopland segment are the only passing opportunities. · Safety - While the overall corridor has collision rates below the statewide average, the fatality rate is 1.7 times the statewide average for similar facilities. As volumes increase over time and capacity is exceeded more frequently, collision rates will increase. · Regional Improvement Priorities- The Hopland Bypass has been the top rated improvement priority of the North Coast Counties Supervisor's Association since the Willits Bypass project was removed. The Hopland Bypass and North Hopland continue to be short-range priorities in the Regional Transportation Plan. · Concept Facilities- The existing roadway is not consistent with the Caltrans "Interregional Transportation Strategic Plan" and the District 1 Route Concept Report for Route 101. Both reports call for a four-lane facility in the Hopland area. Route 101 throughout the state is one of ten "Focus Routes" identified by the California Transportation Commission for improvement. What are the benefits of this project? This project would provide a safe, modem facility to accommodate both existing and future peak hour volumes. It would also provide guaranteed passing oppommities, and would meet the facility concept established through State and Regional planning efforts. The project would reduce travel time through the corridor. The construction of a freeway bypass would significantly reduce collisions and operational conflicts on the existing Route 101 segment. Statewide -1- collision rates on four-lane facilities are three times lower than for two-lane conventional highways. Specifically, the project would: · Reduce congestion by providing guaranteed passing opportunities · Increase the level of service and reduce delay time · Accommodate future growth (expected 70% increase in volumes over 20 years) · Enhance safety of corridor (four-lane facilities are safer than two- lanes) · Enhance safety within Hopland by removing inter-regional traffic and reducing operational conflicts · Close the last two-lane gap between the Bay Area and Willits · Enhance air quality and noise levels in the Hopland community · Reduce energy consumption by eliminating stops/acceleration Won't construction of this project induce growth in Mendocino County? Market forces such as housing costs, salary levels, and the comparative differences between where housing is located and where jobs are located are the key factors affecting growth. Access improvement alone seldom provides the impetus for land use development change or change in intensity. Since we know that construction is still many years away, the need to resolve traffic issues in Hopland will already exist prior to construction. Any additional growth that a bypass might induce would be incidental to growth that is already projected. Since this facility would be a four-lane freeway/expressway, access to the bypass would only occur at interchanges. No opportunity to provide direct (therefore improved) land access will occur. In contrast (although not being proposed), a new conventional (two-lane) highway route could open up new access to land, thereby inducing growth. How long has this project been around? The Hopland Bypass project and the North Hopland project (also known as Crawford Ranch) have been identified as needed projects in Caltrans documents and the Regional Transportation Plan for over 25 years. How long does it take to complete a major project like the Hopland Bypass? Like many things, the controlling factor is finding the funding to commit to the project. If funding were secured though, it would still take many years until the facility is ready for traffic. Projects in the State Transportation Improvement Program (STIP) are generally funded by four separate activities: Environmental (PA & ED), Design (PS&E), Right-of-Way (ROW), and Construction. -2- · Environmental- This phase considers ail the environmental impacts of several aiternatives (including the No Build aiternative). For normai projects this phase takes 5-6 years. If there are significant impacts to species, archaeological sites, wetlands, etc., this phase could take longer to complete. Design - Preparation of plans, specifications, and estimates could take as little as two years, but typicaily takes three years on larger projects. · Right of Way- This phase could take 2-3 years depending on the complexity of the final alignment. Some of this work could take place concurrent with the design phase. · Construction- Large projects such as this, especiaily in areas like the North Coast that experience winter work suspensions, will take about 3 years. To sum this up, if we had funding commitments in place today, it would probably take at least 12-13 years to complete this project. More reaiisticaily, we would be very close to Year 2020. Where are we now in this long process? With their share of the State Highway Account funds in the 1998 State Transportation Improvement Program, Caitrans programmed $5 million for the Environmental Phase of the Hopland Bypass. Just a few months later, in conjunction with the 2000 State Transportation Improvement Program, Caitrans programmed $2.2 million for the Environmental Phase of the North Hopland project. The environmental phases of the two projects were eventually merged for the purposes of efficiency and environmental consistency. Work began on the project in 2001, and in 2003 a Community Advisory Committee was created. Current projection for completion of Project Approval and the Environmental Document is December, 2007 for the entire corridor being studied (Russian River bridge to Burke Hill). So now why is the Hopland Bypass project being considered for elimination by Caltrans? Over the past two years, we have become very familiar with the financiai situation of the State in generai and the financial situation of the State Transportation Improvement Program in particular. This year Caitrans is facing staff reductions that will impact their ability to work on ail the projects that they had planned. There are currently about 40 projects statewide that are only in the first phase (environmental) of development. About 20 of these have to be cut to match the available personnel. Projects that are further aiong than Hopland (proceeding into -3- the right-of-way acquisition and construction phases) are much harder to cut due to the amount of resources previously committed. Why don't we just drop Hopland until we have funding and there is a greater need? It takes a great deal of effort and resources to get a project rolling. To date there have been Value Analysis studies, open houses, environmental studies, field surveys are 90% complete and the Community Advisory Committee has been in place for over 14 months. By ail accounts, the project is progressing smoothly. We know from past recoveries that trained personnel may not be available to work on projects when the money again becomes available. There is always a lag period that is measured in years. We know that environmental work has a certain life expectancy. It will have to be repeated if there is a significant interruption in the environmental work. We also know that the need for the project will not diminish over time. Costs for fight-of-way acquisition are likely to increase substantially. Our work with the Wine Country IRP indicates that the jobs/housing imbalance between Mendocino and Sonoma counties is expected to increase. What is Caltrans asking of MCOG? Cheryl Willis presented a report on the Hopland Bypass status at the March 1, 2004 MCOG meeting. The crux of the issue is that the State has to reduce its work load. It wants some reassurance that the projects that it continues to work on will be eventually supported (financially) by their partners in the inter-regional system (regional agencies). If there is no reassurance that the design, right-of-way, and construction phases will be funded, the Hopland Bypass will become a good candidate for the axe. We need to recall that all the funding to date for the Hopland Bypass has been provided through the Inter-regional Improvement Program. There have been no Regional Improvement Program funds programmed for this project to date. Cheryl Willis presented the following options for clarifying MCOG's financial support for the Hopland Bypass: · MCOG may declare its intent to seek GARVEE bonding for funding ROW and capital needs of the Hopland Bypass · MCOG may designate, by Resolution of the Board, all of its RIP funds in future STIP cycles until funds sufficient to meet 25% of project costs are reserved · MCOG may take no action, in which case Caltrans will likely recommend de-programming the Hopland Bypass project. -4- Didn't we just deal with this issue last year? At the March 3, 2003 meeting the MCOG board passed Resolution M2003-3 that committed $2 million of its un-programmed funding toward future needs of the Hopland Bypass. This same Resolution recognized that participation in cost sharing of the Hopland Bypass project will be greater than 15% and may be as much as 25%. This action was enough to avoid cutting the Hopland Bypass last year. As we all know, the situation has worsened over the past year and another round of project cuts is imminent. How much are other regional agencies participating in these Caltrans/regional partnerships around the state? Information on partnerships from the 2002 STIP cycle apparently was not published, but information from the 1998 and 2000 STIP cycles indicates that parmership projects show that the average financial sharing for these projects is close to 50/50. Then why is it that MCOG has previously asked to come up with less than 50% of the costs for the Hopland Bypass? MCOG and other small regional agencies have argued that we are disadvantaged when it comes to delivering very large projects. The statewide 50/50 average is heavily influenced by the 17 counties that have active transportation sales taxes in place. A 50/50 cost sharing for very large projects like Willits and Hopland push them out of the range of affordability. District 1 has been supportive of a lower participation rate and has been at least partially successful with Caltrans Headquarters in establishing a 25% local target for these large projects. Other than MCOG's commitment to the Hopland Bypass, does Caltrans Headquarters have other concerns with this project? Yes. Construction of the entire corridor under environmental review will cost well over $250 million. This is a lot of money in any part of the state. It is unrealistic to assume we can construct all components of the project at one time. In order to produce a fundable project, the Caltrans design team continues to work on staging options that include: · Decreasing the project limits to only include about 4 miles around the community of Hopland (postmiles 8.8 to 13.0) · Including only one interchange, at State Route 175 These staging options would produce a project in the $130 million range, leaving the other components for future years. -5- How much funding capacity can MCOG expect to receive in the 2006 and subsequent STIP cycles? Attached to this report is a bar graph entitled "Post SB 45 STIP Funding" that clearly indicates that the STIP cycles have varied substantially since the first Post SB 45 cycle in 1998. In 1998 it was over $17 million: this year it is $0. Variables that go into the fund estimate include Federal as well as State revenue projections, commitments to the State SHOPP (State Highway Operations Protection Plan), commitments to mandated programs (seismic retrofit), loan repayments, debt service, etc. There is no "average" STIP cycle. In some cycles (as this year) we have $0 new capacity, but we nearly hit $18 million in 2002. Somewhere in between zero and $18 million would be a responsible guess of future revenues. Disregarding the 2000 STIP but adding in the 2000 STIP Augmentation, the average over 5 STIP cycles is over $10 million. Recognizing that some STIP years could be $20 million and others $5 million or zero, $10 million per cycle is a ball park estimate. What other obligations does MCOG have for its Regional Improvement Program share? The Willits Bypass Project is not fully funded. Although not exactly known until the preferred route is selected and approved, we remain about $40 million short of completing this project. MCOG has committed to a 15% share of this project. At a $40 million cost, our share would be $6 million. We have applied for federal funding through the federal re-authorization process for the Willits Bypass. MCOG has requested $23.5 million. Prospects for receiving this funding are currently unknown, but receiving federal funding would reduce the funding gap to about $16.5 million; our share then being about $2.5 million. The Regional Transportation Plan mentions other major long term projects such as Leggett to Red Mountain Creek and a bypass of Laytonville. Caltrans recently received federal emergency funding to re-route the Confusion Hill portion of the Leggett to Red Mountain Creek segment. Needs for substantial improvement of other portions of that segment may be re-assessed in the future. A bypass of Laytonville certainly remains in the long term and may be re-assessed in the future. There are other projects of regional importance that may emerge as well: · Route 20 passing lanes (Fort Bragg-Willits) · Redemeyer Road extension to Lake Mendocino · Ramp improvements in Ukiah Valley on US 101 · North State Street widening · Brooktrails second (and third?) access -6- Caltrans identified GARVEE bonds or commitment of all future STIP funding as options to save this project. What are GARVEE bonds? GARVEE bonds are grant _anticipation revenue ve.._~cles. They can be used to fund projects with the debt service to be repaid as revenues accrue to the state and to our local share. A sheet describing GARVEE bonds is attached to this report. A number of Self-Help (transportation sales tax) counties are now using GARVEE bonds to continue with STIP projects that would otherwise have been delayed due to the current revenue shortfall. Can staff identify other options than those identified by Caltrans that may save the Hopland Bypass Project? Yes. Staff believes that it is important to preserve this project to meet existing safety needs and future capacity needs. Letting this project lapse will result in dealing with Hopland in a reactive mode 20 years too late. Meanwhile, options which may be now available could become precluded by development, environmental regulations, costs, or a number of other things. Reviewing draft financing plans for the Hopland Bypass, staff concludes that approximately $5 million each over the next two (2006 & 2008) STIP cycles will be enough for MCOG's share of project design and fight-of-way for this project. Construction amounting to $90 million (MCOG share $22 million) would await future funding cycles. MCOG may wish to consider a counter-proposal to Caltrans that commits $5 million per cycle for the 2006 and 2008 STIP periods to ensure that the environmental phase is complete, design is funded, and right-of way is locked up. MCOG may wish to consider continuing the $5 million commitment through the construction phase as a minimum guarantee. It is expected that by 2008 or 2010 there will be at least one "good cycle" with programming capacity well over the $10 million average. PJD 3/16/04 -7- THURSDAY, APRIL 29, 2004 4 - MONDAY, APRIL 19, 2004 e -e.rs :from 0ur.'readersi.' ' '-' ® ~ ' '"' "' "® ' ' '' ~1 "' Agalnst"bYPa !ng Hop-and To the Edi~iJr:"i. - . ' Let' me se6 if'I get.~this -s~raight.-Caltrans is going"ah%d with~plans t6 bypass the wonderfully small..cOmmunity of Hopland. :ven 'though California :is 'in one of the worse fiscal'..crisis's.,,in 'its historY.' Vital mental a~I pubic', healthI ~prOgrams- and LeEe .- Om 0ur' -readers abotR,. H°Pland To. the:EditOr: . '...._... This letter. Was .su~ttexl,.int° the. .. reeo~d-~t .the April 5 meetingofMCOG, that if the econo~ could'more easily' the ~g'g~tP. you~ report did, ~.otlme-ntion the.converse:-if the economy itoeSn't improve, it will be even harder.for 'FICOG to reduce this. funding gap'. ' 'Finli~.'; YOur report makes'major 'issnmpfioas about:the CoUnty's future RTIPfufldS: The report assumes that RTIP ~funding fr0mthe S.tate to Mendocino will average $10 .million/year (so MCOG would.be committing hall[ Of its 'average), HoWever, if.the present recession confine. .as ~.'.OfAgenda Itetr~No-_- 8, ': .... ues, this average may never be' met - but "c~.Futum.RTIPSliates to. thc --' MCOG would still-be committed to fund- Hopland BYpa3s Proj~t." .... .:, .. - : ing'$5 million per year. Again; .the County- On .theMCOG. agent, a for its April 5 could be' left with a future commitment far being cl0s, bxt; puttingi thousands of pe6Ples.. beyimd, its reasonable'ability to pay. live~, at risk~ and..Calt/ansl wants t0 spond ' meeting .. is ' a reqiiest'from' Calffans to.con mit"~o'.fUnding a nortion 'of Caltrans' ~,ro; Beyond the funding tssues, ~t. doesn - millions 0ns0me'~'th.a~is jus~p!ai~:~m.-' . .. : t~-,.- . .~- .~ ..-r ,. a~-~ar that ~MCOG has even tried to solic- po'se/t:'Hopland:B~s:l have,reViewed '; .v.t,~." . ...., .. , · ' 'ihe:.~ ~,ou'~;¢,~,:g,~;~ ,~.,:~' ;~o,,.*~,,- '-, ..it community'. opmton about thins proje4:_ t? I. --dr[lie damage· to-. the !e_n..~ent alone .. -.-e .... J 'v~'-v,"~..~" v~ ............. ~.... .... · · uc,n~,. :.;,,:wiffeh,~,-n: z,;.;,~,w r,o,~,,., '.' '. believe the Bypass would be another fac-. should ~e enbU, gh· to2te'll'..:.~~:to back ...... ~-, -.- .... ,:~.,,~,..:o,.vt.~-...,.- ..... ".... ,.·:;,;...,~.~..,,4..,. ,~,.,,,.,~},,~,~ M,,,.,,~,~.i,n . off. The traffic'in Hopland'iS?'.~.~. t.~pr°b!em~. "muest :and 'Show., nno~:}i,,~, ;t~ ,~,,,ot '/tor ,~,,,,,,.o-~,.s V"x,...- . '--.... ~5..:. ".,'~ ~'~".,'~' "'~'T"~'.'";t coii~/ty, as it WOUtd-niake'the;commute A Person. can e/,en eross.:tfie;:~t ~with°t]t tunas can 'oe-commmext dyer me next ten · ~, ' :' ' '"' ' "-'"'- ...... asi~r' YoUr putting their life in d'~ger rfltJst;°f the ~'.tCrte. j. em or ':~o ,'2";;x,;.,,, v,,~.,,,}-~,~'v~'":*~';~ xi;~,.."' ,~ .... .... '. . .· ! nom. ptaces lUte ~ama. tqosa e, . . . · , .... ....... ... . ....~t' re · however,' sun I distresses the · · What is. Cal.~tram. ~g? 'i:':-.".'.' 4.. :.'.. '. . As taxpayem Who.own.over 1;200 acres: I ....P°~2 , · · ...... :..P Y. .,~ ..... :.' ' m MendOcino.County,..my.husband Joe.' ~, ,.,,,,-,,, Thisis ju'.gt anoth'e..r(ex~eigfjust how' [ ' ..... . ·: ::..' ......:.: ..... '.. ~at..growm-maucmgermctot me..' and I believe..th~.' .County'fundmg Of this !..YP .......... ' ........... an' out of' fOUch .'-peo~e;in:': Sii~ento .:are:' -/ ""'"" ':" ..... '- :' ~: "' ' .... t~ ass:.;lvtt, utJ x~;,,~, m~,,~,,,,, ....... - ........ '::" .... "": .......... '. ' ' ~ new'secti°n'of~m~t ~U~ the.Sane}: ' itate.sua.'grovan. Projects like ~s: s~l~.~.,b~-:,p~.t.~::~[ore th. -.i ;;:;;"...- .; i?.."~..:c:,'.:.~:':¢~ .:".~' ,. ,.-' - -)action like-this,, it should makesure it ha voter~ ofMi~it~iii'6;~~.~;~a.~ec'an.' '~ vaney.woum,:~'a ~ge ~mstaxe.... ',.: , '. ' ' · ' ' ' "' ' un - '" "' "~ ' w ........ " .- ,.:'. - , :..' ' ',' [the. support.of the resldcnts..of~e Co ry. .set pfiorifies*'~n it'i:.~.'/b'~i'~hat'is . [ .looegm zm~ mc. amount oz.moneyr:" ' · ' ' ' ' · ' " 'n ~,.,. - . ". .:. ~.- ., ^ ' . ~;' ' ~ -Finally, IdontthinkthatCountyfu d- done here. -. '; -.:. ~i./3~.: :'i :. :. ·..." t;a~trans ~s requesting from tne. county ~s ~. ~..', '" -., ' ' '" ~; ....... t is _. Ail: the mOneY 15e~g. sPe.' ht::~::i:~~ l~e'-..." far t°o much. For the Willits Bypass;:--,."~ :-'/~g(? many brained idea. could'be-ptit':::intcffthe"tfitach MCOG funded onty: ~s petcen[£ ~3(..'. :") ' t.m,.ag-,y ,n~e~aea,;ruu s.ta,, rle ~ve;; ff CulPrit's should Mendocmo.fUnd 25 percent Of.the .' ~ ., __, -~. -.: .., _~ ;; ,x_ --o~am- needed bypaSs of,.W'fll[tS;.:~d::maY,~iS0me ' : ;,,, ...: ... ...... ': "..". .... -'." .:. snoum oe maoe avaua~ · . . . ... -~ · : ::..,... .... :.:- ::-: makes gooo on itS:tllreat to ;.tm-p~ gx . Hopland. Bypass?More zmport.~.'.flYi the..- ..~ ............ : ' .... ' 't ' '. of .the money couldi'be.....u~d;;to m~al~.'C'~isure c%ntY 'has:.t0o many. other'.l°Cal;i~ribr~fii~s ': ~ the 'Hopl .and Bypass ff. MCOG doesn that people with..: m~ntal.?'.~ess.'; are'.' not 'forced into, long-tem~ '!~. 'kef:facilities' Sim;' ply because the state rehses to-set griori- ties. They~ obviously do not care what .we want or what ,we' nee/t,-~d are Willing -to -spend tons of money '.on projeCtS that offer no help.to us at all. The only people that would waht such a.terrible project, to hap- al, resPOtisibility- to-fund intbrstam..high- pen .are tllose wh° Would er/d up sell[ng~ .ways. Fugher,'the fUnding Commimen~s their land. proPosed in yOur.rep0rt-w.0uld,reduce . If Caltrans would only come up heie and 10ICOG's flexibility'to meet 'future local ' ' ask us what we want and what we .need, needs. Otw. County roads andother local they would see jUSt how ',wrong they have roads in some areas .are in very poor been-over the years.-Ideas would incl. ude'a shape, and dangerous'conditions on local straight road to 'the coast, .'the. redeSign':0f" roads sho.uld be MCOG's-f'trst priority. In. the off ramps at Perkins*.. and .gettin"~.the': tl~ .end:; the .Coun¢ simply can't afford fo". Willits". bYPass, done· as-. soon'...as..poSSib[e..:: . ftm(~ithe', .I-I0pland: Bypass. - · (Caltrans is' .the o .n[y. gr6ap .th~itil.'.m' (really. i [ ~ Your. ~repottto MCOG als0 doesn't tell keepingit from getting ,started).. :%.,.. · .:.: ; the'fuR,'sto.~. The proposal is. for MC(X} · ' '~tlt theyneed to do.iS ask. wlmt,:W, e-~/mt;.: ! cogent.th' fUnd the environmental ." . ins~ad of tellin 'us What they':veant-We ;' st~dy:~'~d.fight'of wayplannim, and - .' g ' ".. -., ,-~ ' ' t:? _.' °,' ,., ' ~. ... . ' - ' :li~'e her~ and are-impacted.by.what they do. :t .... Si~ -the proposal leaves a ,fundin~ - . ',. ~ ,. . , :,... , : ,.. .-.. :.,',¢? .,,-.. ~;~,' ,,.. .. ,.- o o '. ,. , , . ', .o We am the ones .Wb0'.suff~. ? fr0m.'~tr-'.s~- . 'I gal~':.,~.$..'ILs:~,n,on after ~'.~.!2..Tliis 'pidity:' · ". :' .' .'-.' .: .:...;~. :-,757%~.' ,. c0uldfeave l~endOC~o_ cbunty-at that' · i.urge everYone"to Wri'te t.0:7~~s:'.~ .' '~ l~......~,With a Hobson s choice: somehow.· demand that .theY PUt.an imm6di.'ateh,al.t'~o'' !..~ga greatidehl'more-money (such as any_~plans thiit.Wo'uldsPepd~rfiillions-o~-~dol-., --bY;~~' a local transportation.m), or lars no one has 0na project no one .in their,.-! ~~g~tl?:. BYPass project: (thereby right'.mind wantS. ' ( :~ :: :....' t'; ~~~:'te~ 0fmil!ions'ot? dollars. ~' ' William -Frenela · I 6F.:. ~aY.c.f money). · .' · - ' ' .'...:...Ukiah .............. - th~ County sh0uld-nothelp fumt.pr0jeets.':, commit to funding 25 pe. rcent~ that doesn whichare reallymore 'appr.~priatel~.~, i. meanthe Bypasg Will:be forever fore- closed. In the.:ftttUre; if.there is .more Pub- dled'bY thc State. After all, 'the y~tmajor~, lic :demand'fOr. this cosily proje2:t, the. ity.ofthe traffic thrOtigh Hopl~d:is iht-er . .POlitical. will ,'and' the. state funding - ~or regional:' people-and'tmcks..trave4'sirig'~e. 'ihe Bypass will be mustered..." ~t~te. It shOUld be SOlely'a state and feder- ' I urge yout0 recons.ider your report in light Of these issues, and I'urge MCOG to ask Caltrans to' look elsewhere for Hopland Bypass funding. Julie Mattern Golden Pr'e~ident, Golden Vineyards Hopland 4 - THURSDAY, APRIL 29, 2004 4 - MONDAY, APRIL 19, 2004 Letters from our readers Against bypassing Hopland To the Editor: Let me see if I get this straight. Caltrans is going ahead with plans to bypass the wonderfully small community of Hopland even though California is in one of the worse fiscal crisis's in its history. Vital mental and pubic health programs and being clo~ed, putting thousands of peoples lives at risk, and Caltrans wants to spend millions on something that is just plain stu- pid. The damage to the environment alone should be enough to tell Caltrans to back off. The traffic in Hopland is not a problem. A person can even cross the street without putting their life in danger most of the time. What is Caltrans thinking? This is just another example of just how out of touch .people in Sacramento are. Projects like this should be put before thd voters of Mendocino County so that we can set priorities when it comes to the what is done here. All the money being spent on this lame- brained idea could be put into the much needed bypass of Willits, and maybe some of the money could be used to make sure that people with mental illness are not forced into long-term locked facilities sim- ply because the state refuses to set priori- ties. They obviously do not care what we want or what we need and are willing to spend tons of money on projects that offer no help to us at all. The only people that would want sUch a terrible project to hap- pen are those who would end up selling their land. If Caltrans would only come up here and ask us what we want and what we need, they would see just how wrong they have been over the years. ' Ideas would include a straight road to the coast, the redesign of the off ramps at Perkins, and getting the Willits bypass done as soon as possible · (Caltrans is the only gr6up that is really keeping it from getting started). All they need to do is ask what we want, instead of telling us what they want. We live here and are impacted by what they do. We are the ones who suffer from their stu- pidity. I urge everyone to write to Caltrans and demand that they put an immediate halt to any plans that woUld spend millions of dol- lars no one has on a project no one in their right mind wants. William French Ukiah ...... :' ':' Your report suggests that if the eco.n_o-, - . ~.my improves, MCOG could more e~il,y ~uee the funding gap. Your report did' Letters ,from our readers Concerned about Hopland bypass , To the Editor: This letter was submitted into the record .at the April 5 meeting of MCOG, as part of Agenda Item No; 8, '*Committing Future RTIP Shares to the Hopland BypaSs Project." On the MCOG agenda for its APril 5 meeting is a request from Caltrans to co~. mit to funding a portion of Caltrans' pro. posed Hopland Bypass. I have reviewed the report you prepared on this issue for MCOG, in which you support Caltrans' request and show MCOG how its regional funds can be committed over the next ten years or so to pay for the Bypass. · As taxpayers who own over 1,200 acres in Mendocino County, my husband Joe and I believ~ that County funding of this new section of freeway through the Sanel Valley would.be a huge mistake. To begin with, the amount of money Caltrans is requesting from the County is far too much. For the Willits Bypass, MCOG funded only 15 percent, why should Mendocino fund 25 percent of the Hopland Bypass? More importantly, the County has too many other local priorities - the County should not help fund prOjects which .are really more appropriately han- dled 'by the State. After all, the vast major- ity of the traffic through Hopland is inter- regional: people and trucks traversing the state. It should be solely a state and feder- a! responsibility to fund interstate high- ways. Further, the funding commitments proposed in your report would reduce lglCOG's flexibility to meet future local needs. Our County roads and other local roads in some areas are in very poor shape, and dangerous conditions on local roads should be MCOG's first priority. In the end, the County simply can't afford to fund the Hopland Bypass. Your report to MCOG also doesn't tell the full story. The proposal is for MCOG commitment to fund the environmental study phase and fight-of-way pl&nning and acquisition, the proposal leaves a "funding gap" of $11.8 million after 2012. This could leave Mendocino County at that point with a Hobson's choice: somehow finding a great deal more money (such as by creating a local transportation.tax), or abandoning the Bypass project (thereby having wasted tens of millions of dolIars 6f taxpayer money). not mention the converse: if the economy doesn't improve, it will be even harder for MCOG to reduce this funding gap'. 'Fmti~r, your report makes major ~ssumptions about the County's future RTIP funds:The report assumes that RTIP funding from the State to Mendocino will average $10 million/year (so MCOG would be committing half of its average). However, if.the present recession contin- ues, this average may never be' met - but MCOG would still be committed to fund- ing $5 million per year. Again; the County could be left with a furore commitment far beyond, its reasonable ability to pay. Beyond the funding issues, it doesn't appear that MCOG has even tried to solic- it community opinion about this project. I belieVe the Bypass would be another fac- tot contributing to growth in Mendocino County, as it Would make the commute from places like Santa Rosa easier. Your report, however, simply dismisses the potential growth-inducing effect of the Bypass. MCOG lacks a mandate to facili- tate such groWth. Before MCOG takes any action like this, it should make sure it has the support of the residents of the County. Finally, I don't think that ,County fund~ ing is really necessary. If this project is really needed, full state or federal funding should be made available. Even if Caltrans makes good on its threat to ,'de-program" the Hopland Bypass if MCOG doesn't commit to funding 25 percent, that doesn't mean the Bypass will'be forever fore- closed. In the future, if there is more pub- lic demand for this costly project, the political will - and the state funding - for the Bypass will be mustered. I urge you to reconsider your report in Jight of these issues, and I urge MCOG to ask Caltrans to look elsewhere for Hopland Bypass funding. Julie Mattern Golden President, Golden Vineyards Hopland